In personal injury law, timing is everything. If you’ve been injured in California, you might assume that you have all the time in the world to take legal action—but that couldn’t be further from the truth. California, like every state, enforces strict time limits known as statutes of limitations that determine how long you have to file a claim.
Missing these deadlines could mean losing your right to compensation altogether. Here’s what every injury victim needs to know.
What Is a Statute of Limitations?
A statute of limitations is a legal countdown clock. It sets a strict deadline for filing a lawsuit after an injury or accident occurs. Once that clock runs out, your claim is almost always barred—no matter how severe the injury or how strong the evidence.
The Standard Time Limit in California
In most California personal injury cases, the statute of limitations is:
Two years from the date of the injury.
This applies to cases like:
Car accidents
Slip and falls
Dog bites
Assault or battery
Most negligence-based claims
That means you have two years to file a lawsuit against the at-fault party. After that, your legal options are typically gone.
Injuries That Aren’t Immediately Obvious
Some injuries don’t show symptoms right away—think internal damage, brain injuries, or exposure to toxic substances. In these cases, California law offers a bit of flexibility.
If the injury wasn’t discovered right away, the clock may start from the “date of discovery.”
This rule can extend the time you have to file, but it’s not automatic—you’ll need to prove that the injury truly wasn’t reasonably discoverable earlier.
Special Cases: Government Claims
If you’re injured by a government agency—say, slipping on a wet floor in a public building or getting hit by a city bus—things move much faster.
You must file a government claim within 6 months of the incident.
That’s right—just 180 days. And if the government denies your claim, you’ll only have 6 months from that denial to file a lawsuit.
Minors and the Statute of Limitations
California extends special protections to minors who are injured. If a child is hurt in an accident, the two-year clock usually doesn’t start ticking until they turn 18 years old.
This gives the child until age 20 to file a lawsuit—but parents or guardians can still file sooner on their behalf.
Why You Shouldn’t Wait
Even if you technically have time, waiting too long can hurt your case:
Evidence can disappear
Witness memories fade
Surveillance footage may be deleted
Insurance companies may use the delay against you
The earlier you speak with a personal injury attorney, the better your chances of building a strong, well-documented claim.
Bottom Line
If you’ve been injured in California, don’t let the clock run out. Understanding the state’s statutes of limitations is crucial to protecting your rights and securing the compensation you deserve. Time waits for no one—and neither does the law.
