How Much Time Do I Have to File a Personal Injury Lawsuit in California?

 Posted on December 22, 2025 in Personal Injury

California law sets strict deadlines for filing personal injury lawsuits. Missing these deadlines means losing your right to compensation forever, even if you have a very strong case.

Understanding these time limits, called statutes of limitations, is very important for making sure you file your case on time. Our Fremont, CA personal injury attorney is local and understands your community and needs. We’re focused on being approachable so you can get all the information needed to help you make informed decisions. 

Call us at 408-234-7563 for a free consultation. 

What Is the Deadline to File a Personal Injury Lawsuit in California?

Under California Code of Civil Procedure Section 335.1, injury victims have two years from the date of an injury to file a personal injury lawsuit.

The statute of limitations begins on the day you were injured. If you were injured January 1, 2026, you have until January 1, 2028 to file. The court can completely dismiss your case if you file even one day later.

There is a discovery rule in California that allows some cases to have longer statutes of limitation when victims did not know about their injury right away. These exceptions mostly apply to medical malpractice cases, however. For car accidents, motorcycle accidents, truck accidents, and premises liability cases, the two-year statute of limitations is almost always strict. 

How Long Do I Have to File a Wrongful Death Lawsuit?

When a loved one dies because of someone else’s negligence, family members have two years from the date of death to file a wrongful death lawsuit in California. The two-year clock begins ticking on the day your loved one passed away, not when the accident happened.

This is important in cases where death does not happen right away. For example, if your family member was hurt in an accident on February 10 but died on March 25, your two-year deadline would begin on March 25.

Not everyone has "standing" to file a wrongful death lawsuit in California. The deceased person's spouse or registered domestic partner can file. Children of the deceased also have the right to file. If there is no surviving spouse or children, other family members who would inherit under California law may be able to file a claim.

What Is the Deadline to File a Personal Injury Lawsuit Against the State of California?

Claims against the government in California follow much shorter deadlines under the California Government Claims Act. If a city employee, county worker, state agency, or other government entity caused your injury, you must act quickly.

You have only six months from the injury date to file a written government claim with the appropriate agency. This is not a lawsuit; it’s a formal written notice the government requires before you can sue.

When Does the Statute of Limitations Start and What Can Stop It?

For the vast majority of injury cases, the statute of limitations begins on the day you were injured. In medical malpractice cases, the deadline sometimes starts once you discover the injury. Minors in California typically have until they are 20 years old  — two years after they turn 18 and are no longer minors — to file.

Negotiating with an insurance company does not stop, pause, or extend the statute of limitations. The deadline continues to run even while you talk with adjusters or exchange settlement offers.

Insurance adjusters are well aware of these deadlines and sometimes use them to their advantage. They might ask for more paperwork and medical records, or make unreasonably low settlement offers that they hope will take many rounds of negotiation. All the while, your filing deadline continues to count down.

Injury victims often negotiate for months, believing they are making progress toward a fair settlement, only to realize too late that their deadline has expired. Once you can no longer file a lawsuit, the insurance company loses its main incentive to offer you reasonable compensation.

What Happens If I Miss the California Personal Injury Filing Deadline?

If you miss the statute of limitations, you lose your right to file a lawsuit. The defendant will file a motion to dismiss, and the court will grant it. It doesn’t matter how badly you were injured or how clear the fault is. Once the deadline passes, your case is over.

Call a Gilroy, CA Personal Injury Attorney Today

Our Fremont personal injury lawyer at Fuller Law Firm offers free consultations to discuss your case. You deserve compensation for your injuries and someone who will fight for your rights. As a local attorney who cares deeply about our community, our firm’s goal is to give clients and their families a voice and help them get back on their feet.

Contact Fuller Law Firm at 408-234-7563 today.