One of the most important questions injury victims in California ask is:
“How long do I have to file a personal injury claim?”
The answer depends on the type of accident, the severity of the injuries, and whether a government entity or private party is responsible. Missing these deadlines can prevent you from recovering any compensation, even if your injuries are severe or liability is clear.
Below is a clear breakdown of California’s statute of limitations and how it applies to car accidents, slip-and-fall incidents, traumatic injuries, wrongful death cases, and claims involving government agencies.
This article is designed to help injury victims—and their families—understand their timeline and avoid costly delays.
General Rule: You Have 2 Years to File a Personal Injury Lawsuit in California
For most injury cases, California law provides a two-year statute of limitations starting from the date of the accident. This applies to:
Car accidents
Pedestrian collisions
Motorcycle and bicycle crashes
Slips, trips, and falls
Dog bites
Premises liability incidents
Many workplace third-party claims
For example, victims injured in auto collisions often consult with a car accident lawyer in Irvine early to preserve evidence and ensure their claim is filed well before the deadline.
Claims Involving Dangerous Property Conditions: Still 2 Years, But Evidence Fades Quickly
Slip-and-fall or trip-and-fall cases follow the same two-year rule. However, these cases require fast action because:
Surveillance footage is often deleted within days
Property owners repair or alter the hazard
Witnesses disappear
Weather and lighting conditions change
This is why injury victims frequently contact a slip and fall accident lawyer in Irvine within days of the incident.
If the Injury Was Not Discovered Right Away: The “Discovery Rule” May Extend Your Deadline
Some injuries—such as traumatic brain injuries, nerve damage, or internal injuries—are not immediately apparent. California’s discovery rule allows victims to file within:
1 year from the date they discovered (or should have discovered) the injury,
whichever happens later.
Victims who develop delayed neurological symptoms may ultimately require guidance from a brain injury lawyer in Irvine to evaluate their legal timeline and medical documentation.
Claims Against Government Entities: Only 6 Months to File
Cases involving government negligence have a much shorter deadline. If your injury was caused by:
A city bus
A government employee
A public property hazard
A school district
A municipal vehicle
Poorly maintained sidewalks or public walkways
You must file a government claim within 6 months.
If the claim is rejected, you typically have 6 more months to file a lawsuit.
Missing this 6-month deadline usually results in a complete loss of your claim.
Wrongful Death Claims: 2 Years From the Date of Death
If a loved one passes away due to another party’s negligence—whether from a vehicle collision, a dangerous property condition, or a commercial trucking crash—the statute of limitations is generally two years from the date of death, not the accident date.
Families often consult a wrongful death lawyer in Orange County as early as possible to preserve critical evidence that can disappear quickly.
Claims Involving Minors
When a child is injured:
The statute of limitations usually pauses (“tolls”) until the child turns 18.
After that, the child generally has two years to file.
However, claims against government entities DO NOT toll for minors.
They are still subject to the strict 6-month government claim deadline, which makes early legal guidance essential.
Serious or Catastrophic Injury Claims: Do Not Wait
Cases involving:
Spinal cord injuries
Traumatic brain injuries
Long-term disability
Commercial vehicle collisions
Product liability issues
require substantial investigation and expert involvement. These cases may need months or years of preparation, which is why victims often work with a truck accident attorney in Orange County or a catastrophic injury lawyer early.
Why You Should Not Wait Until the Deadline Approaches
Waiting too long can seriously harm your case because:
Medical records become harder to obtain
Witnesses forget or move
Surveillance video is erased
Vehicles are repaired or destroyed
Insurance companies delay until the deadline is near
Experts don’t have adequate time to evaluate the case
Working with a personal injury law firm in Irvine early ensures your case is fully developed long before filing is necessary.
Conclusion
California’s deadlines for filing personal injury claims can be confusing, and missing them—even accidentally—can completely eliminate your right to compensation. Whether your injury occurred in an auto collision, a fall, a truck accident, or a dangerous premises situation, contacting an experienced attorney as soon as possible is the safest way to protect your rights.
About the Author
Cynthia A. Craig is a senior trial attorney and founding partner of Kubota & Craig, PC, a National and Regional Tier 1 personal injury law firm in Irvine, California. Recognized by Best Lawyers and honored for her leadership in the legal community, she represents clients in motor vehicle collisions, wrongful death, catastrophic injury, and premises liability cases throughout Orange County.
