You’ve been injured. Someone else’s negligence caused it. Now you’re wondering: how long do I have to file a lawsuit?
The answer is critical. Miss the deadline and you lose your right to compensation. Forever.
In California, you typically have two years from the date of injury to file a personal injury lawsuit.
But there are exceptions. Important ones. Some situations give you more time. Others give you less.
California Code of Civil Procedure Section 335.1 sets the standard deadline for personal injury lawsuits at two years.
According to California Courts, the clock starts ticking on the date you were injured, not the date you discovered the full extent of your injuries.
This applies to most personal injury cases:
Two years sounds like plenty of time. It isn’t. Evidence disappears. Witnesses forget. Insurance companies become harder to negotiate with.
California law includes several exceptions that either extend or shorten the filing deadline.
Sometimes you don’t immediately realize you’ve been injured. The discovery rule allows the statute of limitations to begin when you discover, or reasonably should have discovered, the injury.
Example: You have surgery. Months later you experience severe pain and discover the surgeon left a medical instrument inside you. Your two years starts from when you discovered the mistake, not the surgery date.
If a child under 18 is injured, the statute of limitations doesn’t start until their 18th birthday. They then have two years from that date to file.
If the person who injured you leaves California before you can file suit, the time they’re gone doesn’t count toward your two-year limit.
If you’re mentally incapacitated when injured, the statute of limitations may be tolled (paused) until you regain capacity.
This is a critical exception. If a government employee or entity caused your injury, you have just six months to file an administrative claim.
The California Tort Claims Act requires filing a formal claim with the government agency within 180 days of the injury.
Missing the statute of limitations is catastrophic for your case. The consequences are severe and permanent.
Courts have no discretion here. If you file even one day late, the defendant can move to dismiss your lawsuit. The judge must grant it.
No settlement. No trial. No recovery for medical bills, lost wages, or pain and suffering. You’re left covering all costs yourself.
Once the deadline passes, insurance companies know you have no leverage. They’ll stop negotiating entirely.
Not every injury follows the two-year rule. California law sets specific deadlines for certain cases.
You have one year from discovering the injury or three years from the date of injury, whichever comes first.
Claims for wrongful death must be filed within two years of the person’s death, not the date of the incident that caused it.
Defective product cases follow the standard two-year rule, but complex federal regulations may also apply.
Even though these are intentional acts, the civil lawsuit deadline remains two years.
You have three years from discovering fraud to file a lawsuit.
Damage to vehicles or other property follows a three-year statute of limitations.
Having two years doesn’t mean you should use all of it. Waiting damages your case in several ways.
Security camera footage gets deleted. Skid marks fade. Physical evidence vanishes. The scene changes.
Human memory is unreliable. Details fade fast. Witness statements become less accurate over time.
Hospitals and doctors don’t keep records forever. Retrieving older records becomes harder and more expensive.
Building a strong case takes months. Your lawyer needs time to:
Waiting until year two means rushing. Rushing means mistakes. Mistakes cost you money.
The deadline gives you negotiating power. Lose it and you lose leverage.
Insurance companies know you can file a lawsuit. This motivates them to negotiate seriously and offer fair settlements.
Adjusters watch the calendar. They may delay tactics hoping you’ll miss your window or accept a lowball offer out of panic.
Game over. They have zero reason to pay anything. You have zero recourse.
Smart insurance adjusters stall difficult cases hoping injured victims don’t realize time is running out.
Who caused your injury matters. Different defendants trigger different rules.
Standard two-year deadline applies in most cases.
Six-month deadline for filing an administrative claim. If the government denies your claim, you then have six months to file a lawsuit.
This includes:
One-year deadline under California’s medical malpractice rules.
If the person who injured you lives in another state, California’s statute of limitations still applies to injuries that occurred in California.
Sometimes you’re injured but don’t immediately know who’s responsible. California law allows “Doe” defendants.
You can file your lawsuit naming “John Doe” as the defendant. Once you identify the actual person or company, you can amend your complaint to include their real name.
According to California Code of Civil Procedure Section 474, this preserves your rights while you investigate.
In very limited circumstances, yes. But don’t count on it.
Sometimes, both parties agree in writing to extend the deadline. Insurance companies rarely agree to this unless it benefits them.
In cases involving ongoing harm, the statute of limitations may restart with each new injury.
Courts rarely grant this. You must prove extraordinary circumstances prevented you from filing on time.
Never assume you’ll get an extension. Plan as if the standard deadline is absolute.
Insurance companies and defendants often argue about when the statute of limitations started.
Emergency room visits and doctor appointments establish clear dates.
Accidents involving law enforcement create official documentation with specific dates.
People who saw your injury occur can testify about timing.
Photos, videos, and damaged property help establish when injuries happened.
For latent injuries, proving when you reasonably should have discovered the injury becomes critical.
The National Center for State Courts provides resources explaining how courts determine injury dates.
Your injury’s date isn’t when treatment ends. It’s when the injury occurred or was discovered.
You might receive treatment for years. But the statute of limitations clock starts much earlier.
Don’t make the dangerous assumption that ongoing medical care extends your filing deadline.
Insurance adjusters know exactly how these deadlines work. They use this knowledge to their advantage.
Requesting endless documentation. Slow-walking negotiations. Asking for extensions to review your claim. All while your deadline approaches.
As your deadline nears, they offer insultingly low settlements knowing you’re running out of time.
They deny your claim hoping you won’t have time to file a lawsuit before the deadline expires.
They may tell you that you have more time than you actually do, or fail to mention shortened deadlines for government claims.
Take action immediately to preserve your ability to file a lawsuit.
Keep copies of:
Insurance companies may ask you to sign releases or agreements. These could include provisions that affect your rights.
Adjusters use your words against you. Politely decline recorded statements until you’ve spoken with an attorney.
Don’t repair your vehicle yet. Keep damaged property. Save clothing you wore during the incident.
The sooner you hire a lawyer, the sooner they can protect your rights and build your case.
Personal injury attorneys need time to build strong cases. Waiting until the last minute puts you at a serious disadvantage.
Finding witnesses. Obtaining records. Consulting experts. Analyzing evidence. None of this happens overnight.
Getting maximum compensation means strategic negotiation. Rush negotiations result in lower settlements.
If your case goes to court, preparation takes months. Filing a lawsuit the day before your deadline means going to trial unprepared.
At DP Injury Attorneys, we’ve seen too many injured victims wait too long. Don’t let this happen to you.
The statute of limitations isn’t negotiable. It’s not flexible. It’s absolute.
Missing this deadline means losing everything. Your chance at compensation. Justice for your injuries. Accountability for the person who hurt you.
You’ve already been through enough. Don’t let a missed deadline add insult to injury.
If you’ve been injured in California, contact DP Injury Attorneys today. Call or reach out online for a free consultation. We’ll review your case, explain your deadlines, and fight to get you the compensation you deserve.
Don’t wait. Your deadline is ticking.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
