The California statute of limitations for a personal injury lawsuit is generally two years: Code of Civil Procedure §335.1 sets that period for “[a]n action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” If a city, county, school district, or other public entity is involved, a written claim must first be presented to that entity within six months after the cause of action accrues (Gov. Code §911.2(a)). A claim against a health care provider for professional negligence must be brought within three years of the injury or one year after discovery, whichever occurs first (Code Civ. Proc. §340.5).
Key deadlines
- Personal injury or wrongful death: two years (Code Civ. Proc. §335.1).
- Damage to a vehicle or other personal property: three years (Code Civ. Proc. §338(c)(1)).
- Medical malpractice: three years from the injury or one year from discovery, whichever occurs first (Code Civ. Proc. §340.5).
- Claim to a public entity for injury or death: six months after the cause of action accrues (Gov. Code §911.2(a)).
- Lawsuit after a public entity’s written rejection: six months from the date the notice is personally delivered or mailed (Gov. Code §945.6(a)(1)).
These are general periods; exceptions and tolling rules exist, so seek advice early.
What is the statute of limitations for personal injury in California?
Generally, two years. The California Courts self-help guide states the same rule for personal injury: “2 years from the date of injury.” For property damage, it lists “3 years from the date the property was damaged” (California Courts).
One accident can therefore run on two clocks. A collision that injures you and damages your car carries a two-year period for the injury under §335.1 and a three-year period for the car under §338(c)(1), which covers an action for “injuring goods or chattels.”
Which deadline applies to my situation?
| Type of claim | General deadline | Source |
|---|---|---|
| Injury to a person, including assault and battery | 2 years | Code Civ. Proc. §335.1 |
| Wrongful death | 2 years | Code Civ. Proc. §335.1 |
| Damage to a vehicle or other personal property | 3 years | Code Civ. Proc. §338(c)(1) |
| Damage to real property | 3 years | Code Civ. Proc. §338(b) |
| Medical malpractice | 3 years from injury or 1 year from discovery, whichever occurs first | Code Civ. Proc. §340.5 |
| Claim to a public entity for death or injury to a person or personal property | Present a written claim within 6 months | Gov. Code §911.2(a) |
| Any other claim to a public entity | Present a written claim within 1 year | Gov. Code §911.2(a) |
| Lawsuit after written notice of rejection | 6 months from delivery or mailing of the notice | Gov. Code §945.6(a)(1) |
| Lawsuit where written notice is not given in accordance with Gov. Code §913 | 2 years from accrual, not counting any agreed extension under §912.4(b) | Gov. Code §945.6(a)(2) |
| Petition to the court after a late-claim application is denied | 6 months from denial or deemed denial | Gov. Code §946.6(b) |
Why is the deadline six months if a government agency is involved?
A different statute, Government Code §911.2(a), applies before you reach court. Section 911.2(a) provides that “[a] claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action.”
The claim is not the lawsuit. It is a written claim presented to the agency, and it comes first.
Examples include a collision with a city or county vehicle, an injury on school district property, or an injury on a public transit vehicle. A person who assumes the two-year period applies to a traffic collision with a public vehicle can miss the claim deadline eighteen months before the two years would have run.
What happens after I present a claim to a government agency?
The agency’s board must act within 45 days after the claim is presented (Gov. Code §912.4(a)), and the claimant and the board may extend that period by written agreement (§912.4(b)). If the board does not act in time, “the claim shall be deemed to have been rejected by the board on the last day of the period within which the board was required to act upon the claim” (§912.4(c)).
Then a second clock starts. Where the entity gives written notice of rejection, suit must be filed “not later than six months after the date such notice is personally delivered or deposited in the mail” (Gov. Code §945.6(a)(1)). Where written notice is not given in accordance with Section 913, the period is two years from accrual, not counting any extension agreed under §912.4(b) (§945.6(a)(2)).
Missing the six-month deadline triggers a separate late-claim procedure. Government Code §911.4 allows a written application to the public entity for leave to present a late claim, made “within a reasonable time not to exceed one year after the accrual of the cause of action,” and stating the reason for the delay. If the application is denied or deemed denied, Government Code §946.6(a) allows a petition to the court for relief, and §946.6(b) requires that petition to be filed within six months after the denial.
What if the injured person is a child?
Code of Civil Procedure §352(a) provides that where the person entitled to bring an action was under the age of majority when the cause of action accrued, “the time of the disability is not part of the time limited for the commencement of the action.” The period is generally paused while the person is a minor, although §340.5 sets its own rules for minors in medical malpractice actions.
The same statute carves out public entities. Section 352(b) provides that the pause does not apply to an action against a public entity or public employee on a cause of action for which a Government Code claim must be presented. If a school district or another public entity may be involved in a child’s injury, treat the six-month claim deadline as running now.
What should I do in the first weeks after an injury?
- Get medical attention, report all of your injuries, and follow the treatment that is recommended.
- Photograph the vehicles, the scene, the hazard, and your visible injuries, and keep the photographs with their dates.
- Write down what happened while you remember it: the date, the time, the conditions, who was present, and what was said.
- Get the police or incident report number, and the names and insurers of everyone involved.
- Keep every bill, every explanation of benefits, and every record of time missed from work.
- Find out early whether any public entity may be involved, because that is the six-month question.
Speak with a lawyer before giving a recorded statement to another party’s insurer or signing a medical authorization. The firm’s personal injury page explains how an injury claim is evaluated. These deadlines come from state law and apply across Orange County, Los Angeles County, and the Inland Empire.
Frequently asked questions
How long do I have to file a personal injury lawsuit in California?
Generally two years from the injury, under Code of Civil Procedure §335.1, which covers an action for assault, battery, or injury to or the death of an individual caused by the wrongful act or neglect of another. Shorter or different deadlines apply to medical malpractice (Code of Civil Procedure §340.5) and to claims against public entities (Government Code §911.2(a)).
What is the deadline to sue a city or county in California?
Before you can sue, you must present a written claim to the agency. Government Code §911.2(a) requires a claim for death or injury to a person or personal property to be presented within six months after the cause of action accrues. After written notice of rejection, Government Code §945.6(a)(1) allows six months to file suit.
What happens if the government agency never responds to my claim?
Government Code §912.4 gives the board 45 days to act, and if it does not act in that time, the claim is deemed rejected on the last day of the period. Where written notice is not given in accordance with Government Code §913, Government Code §945.6(a)(2) allows two years from accrual to file suit, not counting any extension agreed under §912.4(b).
How long do I have to file a wrongful death lawsuit in California?
Code of Civil Procedure §335.1 provides a two-year period for an action for injury to, or for the death of, an individual caused by the wrongful act or neglect of another. Where a public entity is involved, Government Code §911.2(a) requires a claim for death to be presented within six months after the cause of action accrues.
My child was injured. Does the deadline wait until they turn 18?
Under Code of Civil Procedure §352(a), the period is paused while the injured person is a minor, because the time of the disability is not part of the time limited for the action. Section 352(b) excludes claims against public entities and public employees that require a Government Code claim, and §340.5 sets separate rules for minors in medical malpractice actions. If a public agency may be involved, treat the six-month claim deadline as running now.
This is general advice and specific legal questions should always be discussed with and reviewed by your attorney.
Interested in having your potential claim evaluated?
Do not delay. If you want an attorney to look at your situation, Taylor E. DeRosa of DeRosa Law Firm handles personal injury and employment cases for people across Orange County, Los Angeles County, and the Inland Empire. Reach out today for a free consultation.
About the author
Taylor Edward DeRosa is a California lawyer who represents individuals in personal injury and employment matters. He was admitted to the State Bar of California in 2018 and practices from Orange County, California, representing clients across Orange County, Los Angeles County, and the Inland Empire, and throughout California. In 2025, the Employment Rights Section of the American Association for Justice presented its Employment Excellence Award to Taylor DeRosa for the verdict in Carmell v. Janet’s Enterprises, Inc.
Legal disclaimer
This article is general information about California law. It is not legal advice, it is not a substitute for legal advice and reading it does not create an attorney-client relationship between you and DeRosa Law Firm or Taylor DeRosa. Do not act or decline to act based on this article alone.
Injury cases turn on their specific facts, and the law changes. Deadlines in California injury cases are strict, they differ by claim type and missing one can end a claim permanently. If you think you may have a claim, speak with a lawyer about your own situation well before any deadline.
The statutes, deadlines and authorities in this article were verified against California statutory sources and the California Courts self-help guide on September 30, 2026.
Attorney advertising. This communication may be considered attorney advertising under the California Rules of Professional Conduct. Taylor Edward DeRosa, DeRosa Law Firm, is responsible for the content of this page. No outcome is guaranteed. Nothing in this article is a prediction, promise, or guarantee about the result of any legal matter.
