How Long Do I Have to File a Personal Injury Lawsuit in California? Deadlines That Can End Your Claim Permanently 

California personal injury law gives accident victims a limited and strictly enforced window of time to file a lawsuit after an accident. Once that window closes, the right to recover compensation is permanently extinguished — regardless of how serious the injuries are, how clear the liability appears, or how strong the evidence may be. This legal time limit is called the statute of limitations, and courts apply it rigidly in personal injury and accident cases, even when the facts seem overwhelmingly in the victim’s favor. In practice, this means that a claim filed even one day late can be dismissed before any evidence is presented or any witness testifies.

Most accident victims know that some type of deadline exists for filing a personal injury claim. What they frequently do not realize is that multiple deadlines may apply to the same accident — and that the shortest one, the six‑month government tort claim deadline, catches a significant number of claimants who had no idea a government entity was involved in their case. A government entity can include a city, county, state agency, school district, public transportation authority, or other public body responsible for roads, sidewalks, buses, or public property. For example, a crash caused by a dangerous intersection, a fall on a broken public sidewalk, or an injury on a city bus may all trigger this special six‑month government claim requirement in addition to the regular personal injury lawsuit deadline.

This page explains the key deadlines that apply to personal injury claims in Los Angeles County — including the general two‑year statute of limitations, the six‑month government claim exception, the discovery rule, minor tolling, and the specific situations where standard deadlines vary. These rules can affect claims arising from car accidents, motorcycle and bicycle collisions, pedestrian injuries, rideshare incidents, dog bites, dangerous property conditions, and other negligence‑based harms. For a complete overview of how the California personal injury claims process unfolds within these deadlines, the Claims Process section of this site covers every phase in depth, from the first notice to the insurance company through settlement negotiations and, when necessary, filing a lawsuit in court.

Nothing on this site constitutes legal advice or creates an attorney‑client relationship. Deadline analysis in California personal injury cases is highly case‑specific, and the consequences of missing a filing deadline are severe — consult an attorney as soon as possible after any accident. Only a qualified lawyer can review the facts, identify every potentially responsible party, determine which statutes of limitations and claim deadlines apply, and take the steps required to preserve the right to compensation for medical bills, lost income, pain and suffering, and other damages.

The Two-Year General Statute of Limitations

California Code of Civil Procedure Section 335.1 sets the general statute of limitations for personal injury claims at two years from the date of injury. This two-year period is the primary legal deadline for filing a personal injury lawsuit in California and is intended to ensure that claims are pursued while evidence is still available and witnesses’ memories are reliable. It is a strict rule: missing this deadline usually means losing the right to bring the claim in court, regardless of how strong the underlying personal injury case might be.

This two-year statute of limitations applies to the overwhelming majority of personal injury claims in Los Angeles County. Common examples include car accidents, truck accidents, motorcycle accidents, rideshare accidents, pedestrian accidents, bicycle accidents, slip and fall accidents, dog bites, products liability claims, and most other negligence-based personal injury situations. All of these are generally governed by the same two-year deadline. Whether the incident occurs on a busy freeway, in a parking lot, at a private residence, or inside a commercial business, the same general rule applies unless a specific exception in California law creates a different time limit.

The statute of limitations clock starts running on the date of the accident — not the date symptoms become apparent, not the date medical treatment ends, not the date a demand letter is sent, and not the date an attorney is retained. Day one is the day of the accident. Even if pain seems minor at first and only later develops into a serious condition, the law still looks to the original incident date in most standard personal injury cases. This can be counterintuitive, especially in situations involving delayed-onset injuries such as soft-tissue trauma, concussions, or chronic pain that worsens over time, but the statute is tied to the event itself, not the progression of symptoms.

A personal injury lawsuit must be filed in Los Angeles Superior Court before the two-year mark expires. Filing means the complaint is submitted to the court and a case number is assigned — not that service is completed or that the defendant has appeared. For statute of limitations purposes, the filing date is what matters. As long as the complaint is properly filed before the deadline, the claim is preserved, even if the defendant is served later or the case takes months or years to move through the court system. Courts generally do not make exceptions for late filings caused by delays in settlement talks, insurance negotiations, or ongoing medical care.

Two years can feel like a long time from the vantage point of the accident. It rarely feels long from the vantage point of a personal injury attorney who has been working on the case, gathering records, and building the demand package. Cases that involve serious injuries, extended treatment, and complex liability issues require significant preparation before a settlement demand can be made — and if negotiations extend without resolution, the deadline can arrive faster than expected. Medical providers must be contacted, records and bills must be collected and reviewed, experts may need to be consulted, and liability evidence such as witness statements, photographs, and video footage must be secured. When negotiations with insurance companies stretch on or new information surfaces late in the process, the remaining time to file can shrink quickly, making early attention to the statute of limitations critical in every Los Angeles personal injury case.

The Six-Month Government Tort Claim Deadline: The Deadline Most People Miss

California Government Code Section 911.2 requires that a tort claim be filed against a government entity within six months of the date of the accident before a civil lawsuit against that entity can proceed. When an injury, property damage, wrongful death, or other loss is caused by a public agency or its employees—such as a city, county, school district, or state agency—a formal written government claim must first be submitted to that public entity within this strict six‑month deadline. If this claim is not filed on time, the right to later file a personal injury lawsuit or property damage lawsuit in court is usually lost, regardless of how strong the underlying case might be.

This six‑month government claim deadline is not the same as the standard two‑year statute of limitations for most California personal injury claims. It is a separate, shorter, and often more consequential deadline that applies specifically to claims involving government defendants and public entities. In practice, this means that someone may still be within the general two‑year period to sue for personal injury, yet already be barred from suing a government entity because the six‑month claim deadline was missed. Understanding and complying with this special California government claim requirement is therefore critical in any case where a public agency, public employee, or public property may be involved in causing the harm.

When Does This Deadline Apply?

The six-month government tort claim deadline applies whenever a city, county, or state government entity may be legally responsible for an accident or injuries. In Los Angeles County, this covers far more situations than most accident victims realize, because public agencies are involved in many everyday activities that can lead to serious personal injury. This short window to act is strict, and missing it can completely destroy an otherwise valid California personal injury claim, no matter how severe the injuries or how clear the fault may appear.

Any City of Los Angeles vehicle — including LADOT vehicles, LAPD vehicles, LAFD vehicles, DWP vehicles, sanitation trucks, street sweepers, and any other City department vehicle — driven by a city employee in the course and scope of employment can trigger the six-month government claim deadline. This includes collisions in traffic, rear-end crashes, pedestrian knockdowns, bicycle accidents, bus accidents, and even incidents in parking lots if the vehicle is owned or operated by the City and the driver was working at the time of the accident.

An LA County vehicle — such as Sheriff's Department vehicles, county maintenance vehicles, county health department vehicles, animal control vehicles, and any other county department vehicle — can also create a government tort claim situation. For example, a crash caused by a speeding sheriff’s patrol car, a collision with a county dump truck, or an accident involving a county social worker driving between appointments may all fall under the six-month rule for claims against Los Angeles County.

A Caltrans vehicle or a dangerous condition on a Caltrans-maintained state highway can give rise to a government claim as well. This can include poor highway design, inadequate lighting, missing or obscured warning signs, unsafe construction zones, debris left in travel lanes, or guardrails that fail in a collision. When the unsafe condition exists on a freeway or state route maintained by Caltrans, the personal injury or wrongful death claim must be brought against the appropriate California state agency within the six-month period.

A Metro bus, Metro Rail vehicle, or Metrolink train can be involved in a wide range of incidents that trigger the government tort claim deadline. Passengers injured in sudden stops, collisions with other vehicles, falls while boarding or exiting, or accidents caused by operator error, distracted driving, or poor maintenance may all have claims against a public transportation agency. Pedestrians, cyclists, motorcyclists, and occupants of other vehicles struck by these public transit vehicles are also subject to the same shortened six-month deadline for filing a government claim.

A public school bus operated by a Los Angeles Unified School District employee or another public school district can lead to a government claim when a child, another motorist, or a pedestrian is injured. This includes accidents during regular routes, field trips, athletic events, special education transportation, or any school-sponsored transportation. Claims may involve negligent driving, improper supervision of students, unsafe bus stops, or dangerous loading and unloading practices near schools or bus stops.

A dangerous condition on a publicly maintained road — such as a pothole, a missing traffic signal, inadequate road markings, a defective guardrail, malfunctioning streetlights, obscured stop signs, or any other hazardous condition on a city, county, or state road that contributed to the accident — can also create liability for a government entity. These roadway defect claims often involve proving that the agency knew or should have known about the hazard and failed to repair it or warn drivers, cyclists, and pedestrians within a reasonable time.

An accident on government-owned property — including a public park, a courthouse, a government office building, a public transit facility, a public library, or any other city, county, or state building or open space — may also fall under the six-month deadline. Slip and falls, trip and falls, falling objects, unsafe stairs or railings, inadequate security, and other dangerous conditions on public property can all require a timely government tort claim before any premises liability lawsuit can be filed.

The government entity connection is not always obvious at the time of the accident. A pothole on a city street that caused a motorcycle accident is a government claim — but the rider may not recognize it as such until an attorney investigates who owns and maintains the roadway. A crash with a vehicle that appears to belong to a private contractor may actually involve a city or county department. A fall at a transit station may be tied to a public transportation agency rather than a private company. If more than six months have passed by the time this connection is discovered, the government claim is permanently barred, and no lawsuit for damages can move forward, regardless of how strong the liability evidence or how serious the injuries might be.

What the Government Claim Process Requires

Filing a government tort claim is a specific procedural step that is separate and distinct from filing a lawsuit in civil court. In most California personal injury and wrongful death cases involving a public entity, it is a mandatory prerequisite before any civil action can be brought against a city, county, state agency, or other government body.

The claim is submitted directly to the responsible government entity — such as the City of Los Angeles, LA County, Caltrans, or Metro — and must be delivered within strict statutory time limits and in the manner required by law. Acceptable delivery methods typically include personal delivery, mail, or approved online claim portals, depending on the agency’s rules.

Under California Government Code Section 910, a government tort claim must contain specific information so the public entity can investigate the incident, evaluate potential liability, and decide whether to settle or deny the claim without the need for litigation. The claim should include:

• The claimant’s full name and mailing address.
• The date, place, and other circumstances of the occurrence giving rise to the claim, including the street location, time of day, weather conditions, and any relevant background facts.
• A general description of the injury, damage, or loss, including physical injuries, emotional distress, property damage, lost wages, medical expenses, and other financial losses.
• The name of the government employee who allegedly caused the injury, if known, or a description of the department, vehicle, or agency involved if the specific employee’s name is not available.
• The amount claimed, if it can be stated at the time of filing, or, if the full amount is not yet known, a statement that the amount exceeds the jurisdictional limit of small claims court and that a more detailed claim will be provided when the damages can be calculated.

Once a timely and complete government tort claim is filed, the public entity generally has 45 days to accept or reject the claim. During this 45-day period, the agency may investigate the accident, request additional information or documentation, or attempt to resolve the matter informally through settlement discussions.

If the claim is rejected in writing, the claimant has six months from the date of the rejection notice to file a lawsuit in court. The written rejection letter typically explains this six-month statute of limitations for filing suit. If the government entity fails to act on the claim within 45 days, the claim is deemed rejected by operation of law, and the six-month window to file a lawsuit begins to run even if no written notice is ever received.

Missing the initial six-month deadline to file the government tort claim — the preliminary claim, not the lawsuit itself — permanently bars any later civil action against the government entity, regardless of the seriousness of the injury or the strength of the underlying negligence case. Strict compliance with these claim presentation deadlines is essential in any claim against a public entity.

There is a limited late claim petition process under Government Code Section 911.4 that may allow filing within one year in specific circumstances, such as minority, physical or mental incapacity, or excusable neglect. However, this procedure requires showing legally sufficient grounds for the late filing and is not guaranteed to be granted by the court or the public entity.

If the late claim petition is denied, the right to pursue a lawsuit against the city, county, state agency, or other public entity is generally lost. Because of these strict time limits and procedural requirements, early attention to government tort claim deadlines is critically important in any case involving a dangerous condition of public property, government vehicle accident, or other claim against a public entity.

Deadline Variations: When Standard Timelines Change

Several specific circumstances alter the standard two-year deadline for personal injury claims in California. 

Medical Malpractice

Medical malpractice claims in California are governed by Code of Civil Procedure Section 340.5 rather than the general two-year personal injury statute of limitations. This special medical malpractice deadline applies to claims against doctors, hospitals, nurses, and other licensed health care providers for professional negligence.

Under Section 340.5, the statute of limitations for medical malpractice is the earlier of:

• Three years from the date of injury, or
• One year from the date the claimant discovered, or reasonably should have discovered, the injury.

This “discovery rule” means the legal clock can begin either when the harm is first actually noticed or when a reasonable person in the same situation would have realized that medical negligence may have occurred. Both the three-year and one-year limitation periods run simultaneously and independently. Whichever period expires first controls, even if the other has not yet run, and missing the applicable deadline can result in losing the right to pursue compensation in court.

In limited situations, such as fraud, intentional concealment by a health care provider, or the presence of a foreign object left in the body after surgery, different timing rules and exceptions to the statute of limitations may apply, further complicating the analysis of a medical malpractice claim.

Calculating the medical malpractice deadline is complex and highly fact-specific. It often requires a careful review of medical records, treatment dates, follow-up care, and the timeline of symptoms to determine when the injury occurred and when it was or reasonably should have been discovered under California law.

If any medical care received after an accident or illness may have been negligent — including a misdiagnosis, surgical complication, medication error, failure to order necessary tests, or delay in treatment — an attorney can assess which statute of limitations applies, help preserve critical evidence, and evaluate whether a medical expert is needed to support a potential medical malpractice claim.

Products Liability

Products liability claims in California are generally governed by the two-year personal injury statute of limitations under Code of Civil Procedure Section 335.1, which typically runs from the date of injury. In most product defect cases, an injured person has two years from the day the harm occurs to file a lawsuit against the manufacturer, distributor, or seller of the allegedly defective product. Missing this deadline can result in the claim being permanently barred, regardless of how strong the underlying products liability case might be.

The discovery rule under Code of Civil Procedure Section 340.8 may toll, or delay, the running of the statute of limitations where the connection between the product and the injury was not reasonably discoverable at the time of the accident. This rule is particularly relevant in pharmaceutical, toxic tort, and chemical exposure cases, where the causal connection between the defective product and the harm may not become apparent until after a significant latency period. For example, injuries caused by long-term exposure to toxic substances, environmental contaminants, or side effects from prescription medications that manifest years after use may qualify for delayed accrual of the statute of limitations. In such situations, the limitations period may begin when the injured person first knew, or reasonably should have known, of both the injury and its likely cause, rather than on the date of the initial exposure, ingestion, or use of the product.

In addition to statutes of limitations, a separate statute of repose may apply to certain products liability claims involving construction defects, building materials, and specific product categories. Whether a statute of repose applies in a particular case requires careful, fact-specific analysis. Statutes of repose set an absolute outer time limit—often measured from the date of manufacture, substantial completion of construction, installation, or sale of the product—after which no claim can be brought, even if the injury has only recently been discovered. These provisions can be critical in cases involving structural components, construction materials, or other products that are intended to last for many years. A thorough review of the applicable statutes, regulations, and case law is necessary to determine how these time limits affect the viability and timing of a products liability claim.

Wrongful Death

California Wrongful Death Statute of Limitations

Wrongful death claims under California Code of Civil Procedure Section 377.60 are generally governed by a two-year statute of limitations that runs from the date of death — not the date of the underlying accident if the two dates are different. In other words, if an injured person survives for a period of time after an accident and later dies from those injuries, the legal deadline for filing a wrongful death lawsuit usually begins on the date of death. This is true even if a separate personal injury claim based on the accident would have had a different filing deadline. Eligible family members and heirs must file the wrongful death lawsuit within this two-year window or risk losing the right to pursue compensation for losses such as financial support, loss of companionship, and funeral and burial expenses.

Wrongful Death Claims Involving Government Entities

When a government entity is involved in a wrongful death case, the six-month government tort claim deadline under Government Code Section 911.2 applies to the claim against the public entity, running from the date of death. Before a wrongful death lawsuit can be filed against a public entity such as a city, county, school district, or other governmental agency, a written government claim must be properly submitted within this six-month period. If the government claim is rejected, additional, shorter time limits apply for filing a civil wrongful death lawsuit in court. Missing the government claim deadline can completely bar the wrongful death claim against the public entity, even if the general two-year statute of limitations for wrongful death actions has not yet expired.

Medical Malpractice Wrongful Death Deadlines

Medical malpractice wrongful death claims are governed by the Section 340.5 deadline framework rather than the general wrongful death statute of limitations. Section 340.5 establishes a separate set of rules that typically require filing within three years of the date of injury or one year from the date the wrongful death was, or reasonably should have been, discovered, whichever occurs first, subject to certain statutory exceptions. These medical negligence wrongful death cases often involve complex questions about when the injury or malpractice was discovered, tolling rules for minors, and other special provisions. As a result, the timing analysis for medical malpractice wrongful death claims can differ significantly from non-medical wrongful death cases.

More Information on Wrongful Death Deadlines

The Wrongful Death section of this site provides a more detailed deadline analysis for California wrongful death claims, including practical examples of how these statutes of limitations operate in real cases, how multiple deadlines can overlap, and how exceptions such as delayed discovery or tolling may affect the time to file a lawsuit. It also explains how different types of defendants, including private individuals, corporations, healthcare providers, and public entities, can trigger different procedural requirements, notice rules, and filing periods for wrongful death actions. 

Minors

California Code of Civil Procedure Section 352 tolls, or pauses, the statute of limitations during a claimant's minority. In California personal injury cases, this means that, as a general rule, the legal deadline for filing a lawsuit is suspended while the injured person is under 18 years of age. The standard two-year personal injury statute of limitations does not begin running until the minor turns 18, giving a child injured at any age until age 20 to file a personal injury lawsuit in most circumstances. This protection recognizes that minors typically lack the legal capacity and practical ability to investigate their legal rights, gather evidence, and pursue a civil claim on their own. It allows time for a parent, guardian, or later the adult child to evaluate the injury, medical treatment, and long-term impact before deciding whether to bring a personal injury claim or lawsuit.

The minor tolling rule under California Code of Civil Procedure Section 352 does not universally apply to government entity claims. The six-month government tort claim deadline may still apply to claims against public entities involving minor claimants in some circumstances, and the interplay between minor tolling and government claim requirements has been addressed inconsistently in California case law. For example, personal injury claims involving public schools, city or county agencies, or state-operated facilities often trigger strict pre-lawsuit government claim procedures and very short deadlines that can run long before the minor turns 18. Courts have sometimes enforced these government claim deadlines even when the injured person is a child, creating significant risk that a claim can be lost if the government is not properly and timely notified. Any accident involving a minor where a government entity may be involved requires immediate attorney consultation to evaluate all potential deadlines, preserve evidence, and ensure that both government claim requirements and statutes of limitation are properly met.

Where a minor's personal injury claim settles, court approval is required under Probate Code Section 3500 for net settlements exceeding $5,000. This process, often referred to as a “minor’s compromise,” is designed to protect the child’s interests by having a judge review the settlement amount, attorney’s fees, and the proposed plan for holding or investing the funds. Depending on the size of the settlement and the minor’s needs, the court may order that the money be placed in a blocked account, a structured settlement, or another protected arrangement that restricts withdrawals until the child reaches adulthood or until the court authorizes use of the funds for the minor’s benefit. These safeguards help ensure that settlement proceeds from a minor’s personal injury case are preserved and used appropriately for the minor’s medical care, rehabilitation, education, and future financial support.

Hit-and-Run Accidents

When an at-fault driver flees the scene of a car accident and is never identified, the injury claim typically proceeds under the injured person's own uninsured motorist (UM) coverage. In a hit-and-run accident, the insurance company effectively steps into the shoes of the unknown driver and evaluates the personal injury claim as if it were insuring the at-fault party.

In most jurisdictions, the standard two-year statute of limitations applies for bringing a legal action related to the collision. This deadline is usually measured from the date of the accident or from the date the injury was discovered, depending on the applicable law. Missing this statute of limitations can bar any lawsuit arising from the motor vehicle accident.

Separate from the statute of limitations, most uninsured motorist policies impose strict prompt-reporting requirements for hit-and-run accidents. These contractual deadlines operate independently of the legal filing deadline and often require notifying the insurer as soon as reasonably possible—sometimes within days or weeks of the crash. Policyholders are typically required to cooperate with the insurer’s investigation, which may include filing a police report, providing witness information, and documenting the scene of the accident.

Failure to comply with the policy’s prompt-reporting requirement can give the insurer grounds to deny the UM claim, regardless of the statute of limitations, even when the injured person would otherwise still have time to file a lawsuit. In practice, a missed reporting deadline can result in the loss of valuable uninsured motorist coverage, making early notice to the insurer a critical step after any hit-and-run collision.

Why the Deadline Should Never Be a Pressure Point

Insurance adjusters in Los Angeles closely track the statute of limitations and the filing deadline on every open personal injury claim. Many adjusters use this deadline strategically — allowing settlement negotiations to drift dangerously close to the cutoff date in the hope that the financial and emotional pressure of an approaching deadline will push the injured person to accept a lower settlement offer rather than file a lawsuit. This tactic can be subtle: phone calls may slow down, responses to emails may take longer, and “final” offers may suddenly appear as the deadline looms, all designed to create a sense of urgency and fear of losing any compensation at all.

An experienced Los Angeles personal injury attorney tracks the statute of limitations from the first day of engagement and files the lawsuit well before the deadline if a fair settlement has not been reached — regardless of where negotiations stand. Filing a complaint does not end settlement negotiations. Most personal injury cases that enter litigation still settle before trial. Filing simply preserves the right to litigate, protects the claim from being time-barred, and signals to the insurance company that the case is being taken seriously, that the evidence will be presented in court if necessary, and that delay tactics will not succeed in forcing an unfair compromise.

The statute of limitations deadline should never be the reason a personal injury case settles for less than it is worth. With proper legal guidance from a knowledgeable attorney, the statute of limitations becomes a tool for protecting a claim, not a weapon that can be used to devalue it, and the focus can remain on obtaining full and fair compensation based on the true impact of the injury, medical expenses, lost wages, and long-term damages.

Deadline Quick Reference for Los Angeles County Accidents

Standard personal injury statute of limitations — most accident types

Two years from date of injury (CCP Section 335.1). This general two-year deadline applies to most California personal injury claims, including car accidents, slip and fall accidents, dog bites, and other common negligence cases where a person suffers physical injuries. In most situations, the statute of limitations begins running on the date the injury occurs, even if medical treatment, pain, or other symptoms continue for months or years afterward.

Government entity personal injury claims

Six months from accident to file government tort claim (Government Code Section 911.2). When a city, county, state agency, public school, or other public or governmental body may be legally responsible for an accident or injury, a written government claim generally must be filed within six months of the incident. This government tort claim is usually a mandatory first step before filing a lawsuit. Only after the claim process is completed can a civil lawsuit typically be started, and failing to file the claim on time can permanently bar any recovery for the injury.

Medical malpractice statute of limitations

Three years from injury or one year from discovery — whichever is first (CCP Section 340.5). This time limit usually applies to medical negligence claims against doctors, hospitals, nurses, clinics, and other healthcare providers for errors in diagnosis, treatment, surgery, medication, or follow-up care. Under the “discovery rule,” the one-year period may begin when the injury is first discovered, or reasonably should have been discovered, but in most cases no more than three years can pass from the date of the alleged malpractice. These deadlines make it important to act promptly once a potential medical error is suspected.

Wrongful death statute of limitations

Two years from date of death (CCP Section 335.1). This deadline generally governs wrongful death claims brought by surviving family members or by the estate when a person dies because of another party’s negligence, recklessness, or intentional wrongful act. The two-year period typically starts on the actual date of death, which may be different from the date of the underlying accident, medical malpractice, or other harmful event that led to the death.

Minor claimants — personal injury cases involving children

Two years from 18th birthday (CCP Section 352). For many types of California personal injury claims involving minors under age 18, the statute of limitations is “tolled” (paused) while the child is underage. In those situations, the two-year filing period usually begins on the minor’s 18th birthday. However, there are significant exceptions and special rules, particularly for medical malpractice involving minors and for claims against government entities, where shorter deadlines or different procedures may apply.

Important notice about California personal injury deadlines

Note: This information is a general reference only. Statute of limitations analysis is highly case-specific, and the consequences of missing a deadline are usually permanent. Time limits, notice requirements, and exceptions in California personal injury, wrongful death, medical malpractice, and government liability cases can be complex and may vary based on the facts, the parties involved, and the exact type of claim. Legal time limits can also change due to new laws or court decisions. Consult an attorney as soon as possible after any accident, injury, wrongful death, or suspected malpractice to obtain advice about the specific deadlines that may apply and to protect all legal rights and potential claims.