Many people ask, "How long do I have to file a personal injury claim in California?" This is an important question because time matters a lot in legal cases. If you are injured in an accident, you may have the right to ask for money to cover your medical bills, lost wages, and pain. But if you wait too long, you could lose that right forever. In this article, we'll explain in very simple words how long you have to file a personal injury claim in California, why deadlines are important, and what steps you should take to protect your case.
What Is a Personal Injury Claim?
A personal injury claim is a legal request for money (called compensation) after you've been hurt because of someone else's actions or carelessness.
Common examples of personal injury cases include:
- Car accidents
- Motorcycle or truck crashes
- Slip and fall injuries
- Dog bites
- Workplace accidents
- Medical mistakes
If another person or company caused your injury, you can file a claim to recover damages like:
- Medical bills
- Lost income
- Pain and suffering
- Future treatment costs
The Legal Deadline: The Statute of Limitations
In California, the law gives you a specific time limit to file a personal injury claim. This rule is called the statute of limitations.
The general rule is:
➡️ You have two years from the date of your injury to file a claim in California.
That means if you were injured on January 1, 2024, you usually must file your case by January 1, 2026.
If you don't file within this time, the court can refuse to hear your case — even if your injury was real and serious.
Why Deadlines Matter
The statute of limitations exists to make sure cases are handled while evidence is still fresh. Over time, people forget details, witnesses move away, and records can be lost.
Filing early helps your lawyer:
- Gather photos, videos, and reports
- Collect witness statements
- Review medical records
- Build a strong case for you
Are There Exceptions to the Two-Year Rule?
Yes — in some situations, the deadline may be shorter or longer depending on the case.
1. Claims Against the Government
If you were injured by a government agency or employee (for example, a city bus accident or a government vehicle crash), you must file a claim within six months of the injury.
After that, if the claim is denied, you may still have time to file a lawsuit — but the process is much stricter.
2. Injuries Not Discovered Right Away
Sometimes you don't realize you're injured until later. For example, internal injuries from an accident might show up months after.
In those cases, you have one year from the date you discovered the injury (or reasonably should have discovered it).
3. Minors (Under 18)
If the injured person is under 18, the two-year clock usually starts on their 18th birthday. This gives minors more time to file once they become adults.
4. Wrongful Death Claims
If a loved one dies because of another's negligence, family members usually have two years from the date of death to file a wrongful death claim.
Example 1: Car Accident
Alex was injured in a car accident in Los Angeles on March 5, 2023. He has until March 5, 2025 to file his personal injury lawsuit. Filing after that date would likely cause his case to be dismissed.
Example 2: Slip and Fall at a Store
Sarah slipped and fell in a San Diego supermarket on April 10, 2024 but didn't realize her back injury was serious until June 2024. Her lawyer argued that the "discovery date" was in June, so she had until June 2026 to file.
Example 3: Claim Against a City Bus
Maria was hurt in an accident involving a San Diego city bus on May 1, 2024. Because it involves a government agency, she had to file her government claim within six months, by November 1, 2024.
Why You Should File Early
Even though you technically have two years, it's smart to start your claim as soon as possible.
Filing early helps you:
- Get medical treatment faster
- Gather stronger evidence
- Avoid missing important deadlines
- Give your lawyer time to build your case
Waiting too long can make it harder to prove what happened — and insurance companies may use the delay against you.
What If You Miss the Deadline?
If you file after the deadline, the court will most likely dismiss your case. This means you lose your right to get any compensation.
However, a lawyer can sometimes find exceptions if:
- You were mentally or physically unable to file.
- The other party hid information or lied about the accident.
Still, you should never rely on exceptions — it's always safer to file on time.
Steps to Take After an Injury in California
If you've been injured, here's what you should do:
- Get medical help immediately.
- Your health comes first, and medical records are key evidence.
- Report the accident.
- To your employer, police, or property owner, depending on where it happened.
- Gather evidence.
- Take photos, collect witness contacts, and keep receipts or medical bills.
- Do not sign anything from insurance companies without reading carefully.
- Contact a personal injury lawyer as soon as possible.
Why Hiring a Lawyer Helps
Understanding California law can be confusing. A personal injury lawyer can:
- Explain how much time you have left to file.
- File all paperwork correctly and on time.
- Deal with insurance companies for you.
- Calculate how much compensation you deserve.
- Represent you in court if necessary.
Most personal injury lawyers in California work on a contingency fee, meaning you pay nothing unless they win your case.
Local Example – San Diego
A construction worker in San Diego was injured on the job when scaffolding collapsed. He contacted Seven Legal APC within two months. The firm helped file the case early, gather witness statements, and negotiate a settlement before the two-year deadline. Because he acted quickly, the worker received full compensation for his injuries and lost income.
Final Thoughts
So, how long do I have to file a personal injury claim in California?
In most cases, you have two years from the date of injury, but there are exceptions:
- Six months for government-related cases.
- One year from discovery if injuries show up later.
- Two years from death for wrongful death claims.
The safest thing to do is to act quickly and speak with a lawyer as soon as possible.
Filing early protects your rights, helps you build a strong case, and gives you peace of mind. Don't wait until it's too late — the sooner you act, the better your chances of getting fair compensation for your injuries.