If you were injured in an accident in California, you generally have two years from the date of the injury to file a personal injury lawsuit. However, that deadline can be much shorter in certain situations, such as cases involving government entities, minors, or injuries that are not immediately discovered. Missing the deadline can permanently bar your right to compensation, which is why understanding the timeline is critical.
This article explains California’s personal injury filing deadlines, the most common exceptions, and why waiting too long can seriously hurt your case. At Malk & Pogo, we routinely evaluate cases where timing makes all the difference, and we help injured clients take action before their rights expire.
California’s Two-Year Statute of Limitations
Under California law, most personal injury claims are governed by a two-year statute of limitations. This means an injured person has two years from the date of the accident to file a lawsuit in civil court.
This rule applies to many common injury cases, including:
- Car accidents
- Pedestrian and bicycle accidents
- Slip and fall injuries
- Dog bites
- Assault-related injuries
- Premises liability claims
If a lawsuit is not filed within this two-year period, the court will typically dismiss the case, regardless of how strong the evidence may be.
Why Filing Early Matters (Even If You Have Two Years)
Although two years may sound like a long time, waiting can weaken a personal injury claim. Evidence can disappear, witnesses can become difficult to locate, and insurance companies may argue that delays mean the injuries were not serious.
At Malk & Pogo, we often see cases where early action:
- Preserves video footage and accident evidence
- Strengthens medical documentation
- Prevents insurance companies from controlling the narrative
- Improves the likelihood of full compensation
The legal deadline is the final cutoff, not a strategic goal.
Exceptions That Can Shorten or Extend the Deadline
California law includes several important exceptions that can change how long you have to file a claim.
Claims Against Government Entities: 6-Month Deadline
If your injury involved a city, county, or state agency, you typically must file a government claim within 6 months of the injury.
Examples include:
- Injuries caused by dangerous public property
- Accidents involving city vehicles or buses
- Sidewalk or roadway defects
- Injuries caused by public employees
Failing to file a government claim on time can eliminate your ability to pursue compensation entirely. These cases require fast action and careful handling.
Minors Have Additional Time (But Waiting Is Risky)
When the injured person is under 18, the statute of limitations is usually paused until they turn 18, meaning they generally have until age 20 to file a lawsuit.
However, important evidence can be lost over time, and certain claims, especially those involving public entities, may still have shorter deadlines. Legal guidance is strongly recommended even when a minor is involved.
The Discovery Rule: When Injuries Are Not Immediately Known
Some injuries are not discovered right away. In these cases, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered.
Common examples include:
- Medical malpractice
- Toxic exposure
- Delayed internal injuries
These cases are highly fact-specific and often contested. Insurance companies frequently argue that the injury should have been discovered earlier.
Wrongful Death Claims Have Separate Deadlines
Wrongful death claims generally must be filed within two years of the date of death, not the date of the accident. This distinction is important when injuries lead to delayed fatalities.
What Happens If You Miss the Deadline?
Missing the statute of limitations usually means:
- The court will dismiss your case
- Insurance companies have no obligation to negotiate
- You permanently lose your right to compensation
Even strong cases with clear liability can be lost solely because of timing.
Common Mistakes That Cost Injury Victims Time
Many injured people unintentionally miss deadlines because they:
- Wait for insurance companies to “do the right thing”
- Assume negotiations stop the legal clock
- Delay medical treatment
- Believe minor injuries do not qualify
- Do not realize a government entity is involved
Insurance companies do not warn you when time is running out.
How Malk & Pogo Helps Protect Your Claim
At Malk & Pogo, we evaluate personal injury cases with a strong focus on deadlines, evidence preservation, and long-term strategy. We identify whether:
- The two-year rule applies
- A government claim deadline is triggered
- The discovery rule may extend the timeline
- Multiple statutes apply to the same case
We handle filing requirements, protect critical deadlines, and take over communication with insurance companies so our clients can focus on recovery.
Key Takeaways About Filing Deadlines in California
To summarize:
- Most personal injury claims must be filed within two years
- Government claims often require action within six months
- Exceptions may apply for minors and undiscovered injuries
- Waiting too long can permanently destroy a valid claim
If you are unsure how much time you have, it is best to assume less, not more.
Call Malk & Pogo Before Time Runs Out
If you were injured in an accident and are unsure how long you have to file a claim, do not wait. Deadlines move quickly, and once they pass, no amount of evidence can revive a case.
At Malk & Pogo, we offer free consultations and clear guidance on whether your claim is still timely. There are no upfront fees, and you only pay if we recover compensation for you.
Call Malk & Pogo today to speak directly with a personal injury attorney and protect your rights before time runs out.