Answer FilePersonal Injury

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

The answer, cited

In most California personal injury cases, you have two years from the date of injury to file suit under Code of Civil Procedure section 335.1. Claims against public entities require a written government claim within six months under Government Code section 911.2, and the shortest applicable deadline controls, so identify every defendant early.

Two years from the date of injury, in most cases. California Code of Civil Procedure section 335.1 sets a two-year statute of limitations for actions based on injury to, or the death of, a person caused by another's wrongful act or negligence. Miss it, and the claim is almost always barred no matter how strong the facts. Several variations matter: claims against a government entity — a city bus, a county road, a public hospital — require a written administrative claim within six months under Government Code section 911.2, long before the lawsuit deadline. The clock can be paused (tolled) while the injured person is a minor, and claims that are discovered late, such as some toxic exposures, run from discovery. Property-damage-only claims carry a three-year period under section 338. Because the shortest applicable deadline controls, identifying every defendant early — private and public — is the first task in any injury case.

Authority: Cal. Code Civ. Proc. § 335.1

Source: Cal. Code Civ. Proc. § 335.1 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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