Most people focus on getting better after an injury, and they should. But California sets strict deadlines for injury claims, and missing one can mean losing the right to any compensation, no matter how strong your case is.
Deadline 1: Two years to file a lawsuit
For most injuries caused by someone else's carelessness, such as car crashes, falls and dog bites, you have two years from the date of the injury to file a lawsuit (Code of Civil Procedure § 335.1). The same two-year limit applies to a wrongful death claim by a family member.
Two years sounds like a long time. In practice, gathering medical records, negotiating with insurers and preparing a case takes months, so waiting until the last minute is risky.
Deadline 2: Six months if a government agency is involved
If a city, county, school district, public transit agency or state agency may be responsible, the clock is much shorter. You must first file a written government claim within six months of the injury (Government Code § 911.2). Only after that claim is handled can you file a lawsuit.
Common examples:
- A crash with a city bus, police car or other government vehicle
- A fall caused by a broken public sidewalk or a dangerous road
- An injury on public school or park property
What to do now
- Write down the date of your injury.
- Note anything that suggests a public agency is involved.
- Talk to a lawyer well before the deadline. Some situations change the timing, and only a review of your facts can confirm your exact date.
Not sure how much time you have?
We will tell you your deadline at your first meeting. Call (562) 612-7806 any time or request a consultation.
This article is general information, not legal advice. Every case is different, and past results do not guarantee a similar outcome.