How long does a minor have to file an injury claim in California?

Generally until two years after turning 18. Code of Civil Procedure section 352 tolls the statute of limitations during minority, so a child injured at any age ordinarily may sue up to their twentieth birthday. The exception that matters most: the six-month government claim deadline against public entities is not tolled by minority.

California pauses the limitations clock for children. Under Code of Civil Procedure section 352, the two-year personal injury period of section 335.1 does not begin to run until the injured person turns 18, so most childhood injury claims may be filed until age 20. Two traps cut against waiting. First, claims against public entities — school districts, cities, counties — still require a written claim under the Government Claims Act within six months (Government Code section 911.2); minority does not toll that deadline, though a late-claim application presented within one year must be granted when the claimant was a minor for the entire six-month period (Government Code section 911.6). Second, medical malpractice follows its own rule: Code of Civil Procedure section 340.5 gives a child injured before age six until age eight or three years, whichever is longer. Settlements for minors require court approval through a minor's compromise, which protects the funds until adulthood.

Authority: Cal. Code Civ. Proc. § 352