How long do I have to file a personal injury claim in California?

Posted in Personal Injury on December 18, 2025

If you were injured due to someone else’s negligence, understanding how long you have to file a personal injury claim in California is critical. Missing the legal deadline can eliminate your right to recover compensation, no matter how serious your injuries may be.

California’s statute of limitations can be confusing, especially when different rules apply depending on the type of accident and who was involved. North Bay Legal helps injury victims in Santa Rosa understand these deadlines and take timely legal action.

This article explains the standard filing deadlines, important exceptions, and why acting early can protect your claim.

What Is the Statute of Limitations in California?

The statute of limitations is the legal time limit for filing a lawsuit. In California, most personal injury claims must be filed within two years from the date of the injury.

This rule is set forth in California Code of Civil Procedure section 335.1, which governs lawsuits for personal injury caused by negligence or wrongful acts.

If a lawsuit is not filed within this period, the court will typically dismiss the case, and the injured party loses the ability to pursue compensation.

When Does the Two-Year Clock Start?

In most cases, the statute of limitations begins on the date the injury occurred. For example, if you were injured in a car accident on June 1, 2025, you would generally have until June 1, 2027 to file a lawsuit.

However, not all injuries are immediately apparent. California recognizes certain situations where the clock may start later.

The Discovery Rule and Delayed Injuries

Under the discovery rule, the statute of limitations may begin when you discovered, or reasonably should have discovered, your injury.

This commonly applies in cases involving:

• Medical malpractice
• Toxic exposure
• Internal injuries with delayed symptoms

Courts evaluate whether a reasonable person would have recognized the injury and its cause earlier. This exception can be complex and often requires legal analysis.

Shorter Deadlines for Claims Against Government Entities

If your injury involved a government entity, such as a city vehicle or unsafe public property, different rules apply.

In California, claims against government entities typically require filing a government claim within six months of the injury. If that claim is denied, you may then have a limited time to file a lawsuit.

The California Courts provide official guidance on these requirements at the California Courts website.

Special Rules for Minors

When the injured person is under 18 years old, the statute of limitations is generally paused until they turn 18.

This means a minor usually has until their 20th birthday to file a personal injury lawsuit. However, claims involving government entities may still have much shorter notice requirements, even for minors.

Why Waiting Can Hurt Your Case

Even though you may have up to two years to file a claim, waiting can negatively affect your case in several ways.

• Witness memories fade over time
• Surveillance footage may be deleted
• Physical evidence can be lost or destroyed
• Insurance companies gain leverage

Early action allows your attorney to preserve evidence, interview witnesses, and build a stronger claim.

Insurance Claims Versus Lawsuits

Many personal injury cases begin as insurance claims rather than lawsuits. Filing an insurance claim does not stop the statute of limitations from running.

If settlement negotiations stall or fail, a lawsuit must still be filed before the deadline. Insurance companies may delay negotiations hoping the filing window expires.

The National Highway Traffic Safety Administration offers data on accident trends and injury risks, which can support liability arguments in motor vehicle cases. This information is available at the NHTSA website.

How Deadlines Affect Claim Value

The amount of time remaining before the statute of limitations expires can impact settlement negotiations. Insurers often become less cooperative as deadlines approach.

Understanding what your claim may be worth can help you evaluate whether a settlement offer is fair. Our article on how much a Santa Rosa car accident claim may be worth explains the factors that influence compensation.

Uninsured Drivers and Filing Deadlines

If your injury was caused by an uninsured driver, additional deadlines may apply under your own insurance policy. Uninsured motorist claims often require prompt notice.

Learn more about these situations by reviewing our resource on uninsured driver accidents in Santa Rosa.

How a Santa Rosa Personal Injury Attorney Can Help

An experienced personal injury attorney can track deadlines, determine which exceptions apply, and ensure your claim is filed correctly.

North Bay Legal works with injured individuals throughout Santa Rosa to protect their rights and guide them through every stage of the claims process.

Do Not Risk Missing Your Deadline

California’s statute of limitations is unforgiving. Once the deadline passes, even the strongest case can be lost.

If you were injured and are unsure how much time you have to file, contact North Bay Legal as soon as possible. You can learn more about your legal options by visiting North Bay Legal and taking the next step toward protecting your future.