How Long Do I Have to File a California Personal Injury Claim?
California statutes of limitation and the critical filing windows for personal injury and government entity claims.
What You Need to Know
California imposes strict time limits for filing personal injury claims. Missing a deadline can permanently bar your right to seek compensation. The specific deadline depends on the type of case and the parties involved. This article provides general information — consult an attorney for guidance specific to your situation.
What You Should Do Now
Identify the Date of Injury
The statute of limitations generally begins running from the date the injury occurred or, in some cases, from the date you discovered or should have discovered the injury.
Determine If Government Entities Are Involved
Claims against California government entities (cities, counties, state agencies) have significantly shorter deadlines. A government tort claim generally must be filed within six months of the incident.
Consult an Attorney Promptly
Because multiple deadlines may apply and exceptions can be complex, consulting a personal injury attorney early helps ensure no applicable deadline is missed.
What California Law Generally Provides
The California Code of Civil Procedure sets forth various statutes of limitations. For most personal injury cases, the general rule allows two years from the date of injury. However, several important variations exist. Claims against government entities generally require filing an administrative claim within six months. Medical malpractice claims generally must be filed within one year of discovery or three years from the date of injury, whichever comes first. Wrongful death claims generally have a two-year limitation from the date of death. Minors may have different deadlines. These are general guidelines — specific circumstances can affect which deadline applies.
Important
This article provides general information about California law. It is not legal advice. Specific deadlines and requirements may vary based on your circumstances. Consult an attorney for guidance specific to your situation.Information to Preserve
Common Mistakes to Avoid
How Citil Law May Help
Citil Law can evaluate which deadlines apply to your specific situation, ensure all required filings are made on time, investigate your claim while evidence is available, and pursue appropriate compensation within the applicable time limits.
General Information Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Every situation is different. For guidance specific to your circumstances, consult a licensed California attorney.