How Long Do I Have to File a Personal Injury Claim in California?
One of the most common questions people ask after being injured is how long they have to take legal action. In California, the answer depends on the type of case, who caused the injury, and when the injury was discovered. Missing a filing deadline can permanently bar your claim, no matter how strong your case may be. Here is what you need to know.
The General Rule: Two Years
For most personal injury cases in California, the statute of limitations is two years from the date of the injury. This includes car accidents, slip and fall incidents, product liability claims, and most other negligence-based injuries. If a claim is not pursued within two years, the right to seek compensation may be lost.
Wrongful Death: Two Years from Date of Death
Wrongful death claims also carry a two-year statute of limitations, but the clock starts on the date of death rather than the date of the incident that caused the death. This distinction matters in cases where a person survives an injury for some period before passing away.
Government Claims: Six Months
This is the deadline that catches the most people off guard. If your injury was caused by a government entity, whether a city, county, or state agency, you must file an administrative tort claim within six months of the incident. This applies to accidents involving public transit (buses, trains), injuries caused by dangerous road conditions, incidents on government property, and cases involving government employees acting within the scope of their employment. Only after your tort claim is denied can you pursue a lawsuit, and then you generally have six months from the denial to do so. Attorney Tobin Lanzetta has recovered tens of millions of dollars in government liability cases, including a $13.82 million verdict involving the MTA, and understands these procedural requirements inside and out.
Railroad and Transit Cases: Special Deadlines
Claims involving government transit authorities (such as MTA, Metrolink, or municipal light rail) are subject to the same six-month government tort claim deadline discussed above. Railroad worker claims under FELA have a three-year statute of limitations. The specific deadline depends on who you are pursuing a claim against and the circumstances of the incident, which is why consulting an attorney quickly is essential.
Exceptions That Can Extend the Deadline
Several circumstances can toll (pause) or extend the statute of limitations. If the injured person is a minor, the statute of limitations generally does not begin to run until they turn 18. If the injured person is mentally incapacitated, the deadline may be tolled during the period of incapacity. If the defendant leaves California after the incident, the time they are out of state may not count toward the deadline.
Do Not Wait
Even though you may technically have months or years to take action, there are strong practical reasons to act quickly. Physical evidence degrades or disappears. Witnesses’ memories fade. Surveillance footage gets overwritten. Records and documents can be lost, destroyed, or become unavailable over time. The sooner you contact an attorney, the better your chances of preserving the evidence needed to support your case.
Lanzetta Law is a national trial firm with offices in Los Angeles and Santa Fe, serving clients throughout California, New Mexico, and nationwide. If you have questions about a filing deadline or a potential claim, contact us for a free consultation.
Disclaimer: The information on this page is for general informational purposes only and is not intended as legal advice. Nothing on this website creates an attorney-client relationship between you and Lanzetta Law. Every case is unique, and past results do not guarantee future outcomes. If you have questions about your specific situation, please contact an attorney for a personalized consultation.