In most cases, you have two years from the date you were hurt to file a personal injury lawsuit in California. That two-year window is the California statute of limitations for personal injury, and it covers most car crashes, falls, and other injuries caused by someone else’s carelessness.
A few situations change the clock. Some deadlines are much shorter, and a few can be paused. If you were hurt recently, the most useful thing to know is which personal injury deadline applies to you, and when it started.
Two years sounds like plenty of time, until you count how much of it goes to doctor visits, insurance calls, and simply healing.
This article is by Accident Lawyer of California, P.C., the personal injury practice of Aryan Aliakbarzadeh, Esq. in Northridge, California, admitted to the State Bar of California in October 2012. It describes how these cases work in California; it is not advice about yours.
When does the two-year clock start? Link to this section
For most injuries, the clock starts on the day of the accident. If you were rear-ended on the 405 on March 10, 2026, your lawsuit generally needs to be filed by March 10, 2028.
Some injuries do not show up right away. In those cases, the clock may start when you learned of the injury, or when a reasonable person would have learned of it. Courts look at this closely, so it is safer to treat the accident date as your start date.
Wrongful death claims follow a similar two-year rule. For a family member’s death, the clock usually starts on the date of death, not the date of the accident.
The California court system’s own self-help pages note that after a car crash, you generally have 2 years to file a lawsuit. Courts treat this deadline seriously.
Are there shorter deadlines I should know about? Link to this section
Yes, and they catch people off guard. The shortest common one involves the government.
If a public entity caused your injury, you usually must file a written claim with that agency within six months. This covers things like:
- A crash with a city bus or a county vehicle
- A fall caused by a broken city sidewalk
- A dangerous road condition the city or state was responsible for
If the agency rejects the claim, you then have a limited time to file a lawsuit. A late claim is sometimes possible, but it is never guaranteed.
Medical malpractice claims also run on a different clock. You usually have one year from when you learned of the injury, and no more than three years from the date it happened.
In the San Fernando Valley, many roads, sidewalks, and buses belong to public agencies. If a city vehicle or city property was involved, assume the six-month clock applies until someone confirms otherwise.
Can the deadline ever be paused or extended? Link to this section
Sometimes. Lawyers call this “tolling.” It means the clock stops running for a while. A few common examples:
- Minors. If you were under 18 when you were hurt, the two-year clock usually does not start until your 18th birthday.
- Lack of mental capacity. If an injury left you legally unable to handle your own affairs, the clock may be paused.
- The at-fault person left California. Time spent out of state may not count in some cases.
These exceptions are narrow. Government claims for minors, for example, still follow their own short timeline.
Never count on an exception to save a late claim. Courts decide these questions case by case, and the safer plan is to act as if no exception applies.
How do California injury deadlines compare by claim type? Link to this section
The deadline depends on who was at fault and what kind of harm you suffered. Here is a simple side-by-side look at the general rules.
| Type of claim | General deadline |
| Car, motorcycle, bike, or pedestrian injury | 2 years from the injury |
| Slip and fall on private property | 2 years from the injury |
| Wrongful death | 2 years from the death |
| Claim against a city, county, or state agency | 6 months to file a written claim |
| Medical malpractice | 1 year from learning of the injury, 3 years at most |
| Damage to your car or other property | 3 years from the damage |
| Uninsured motorist claim with your own insurer | Specific steps required within 2 years |
Notice that your car repair claim and your injury claim have different deadlines. If you were hurt and your car was damaged, the injury deadline is usually the one to watch.
If you are not sure which of these deadlines applies to you, Aryan Aliakbarzadeh, Esq. can go over your dates with you in a free consultation.
Does dealing with the insurance company stop the clock? Link to this section
No. This is one of the most common mistakes people make. Opening an insurance claim, sending medical bills, or getting settlement offers does not pause the statute of limitations in California.
Only filing a lawsuit in court protects your claim once the deadline gets close. Insurance companies know the deadline too. A long, slow negotiation does not change it.
Most injury claims do settle without a trial. But settling usually takes time, and the timeline of an injury claim often depends on how long your medical treatment lasts.
Write your accident date on your calendar and mark the date two years later. Then mark a reminder a few months before that, so you are not making decisions in a rush.
What happens if you miss the deadline? Link to this section
In nearly every case, the court dismisses the lawsuit. It does not matter how strong the case was or how badly you were hurt.
Once the deadline passes, the insurance company also has little reason to negotiate. Your leverage depends on your right to go to court. Without that right, the claim usually ends.
This is why the statute of limitations for personal injury in California matters so much in the first weeks after an accident. Evidence fades, witnesses move, and video footage gets erased long before two years go by.
What to do next Link to this section
If you were hurt, your health comes first. Call 911 if anyone is injured, and see a doctor even if you feel okay. Some injuries take days to show up.
Then take these steps to protect your claim:
- Write down the date and place of the accident.
- Keep every medical record, bill, and receipt.
- Get a copy of the police or CHP report.
- Note if a government vehicle, road, or sidewalk was involved.
- Avoid signing anything from an insurance company before you understand it.
For crash cases, the steps in your first 48 hours after a car accident make a real difference later. If your injury came from a crash, you can also read how Aryan Aliakbarzadeh, Esq. handles auto accident cases in Northridge and across the San Fernando Valley.
Free consultation, call 818-718-2522, no fee unless the case is won.
Frequently asked questions Link to this section
How long after an accident can you file a claim in California? Link to this section
You can open an insurance claim right away, and you should, because many policies require prompt notice. A personal injury lawsuit in California generally must be filed within two years of the injury.
What is the 7 year rule in California? Link to this section
California injury law has no general 7-year rule for filing a claim. The phrase usually comes from other topics, such as how long some debts stay on a credit report, so it does not give you extra time on an injury case.
Can you claim injury after 5 years? Link to this section
Usually not. Most California injury claims must be filed within two years, and only narrow exceptions, like an injury to a child, can push a deadline that far out.
How long do I have to sue for personal injury in California? Link to this section
For most injuries, two years from the date you were hurt. Claims against a government agency need a written claim within six months, and medical malpractice has its own shorter clock.
Is there a different deadline if the driver who hit me had no insurance? Link to this section
Yes. For an uninsured motorist claim with your own insurer, California law requires certain steps, such as starting arbitration or reaching an agreement, within two years of the crash.
This article is general information about California law, not legal advice, and reading it does not make Aryan Aliakbarzadeh, Esq. your attorney. Every case depends on its own facts.
About the author: Aryan Aliakbarzadeh, Esq. is a personal injury attorney at Accident Lawyer of California, P.C. in Northridge, with ten plus years in practice helping people hurt in accidents across the San Fernando Valley.