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California Statute of Limitations Checker
Short answer
How long do I have to file an injury claim in California?
Most California personal injury and wrongful death lawsuits must be filed within two years (Code of Civil Procedure § 335.1). Property damage claims get three years, medical malpractice generally one year from discovery, and claims against a public entity require a written government claim within about six months of the incident (Gov. Code § 911.2). Exceptions and tolling rules exist, so confirm your date with an attorney rather than assuming the general rule applies.
Check your deadline
California deadlines at a glance
| Claim type | Deadline | Authority |
|---|---|---|
| Personal injury (car crash, slip and fall, dog bite, assault) | 2 years | Cal. Code Civ. Proc. § 335.1 |
| Wrongful death | 2 years | Cal. Code Civ. Proc. § 335.1 |
| Property damage only (vehicle damage) | 3 years | Cal. Code Civ. Proc. § 338(c) |
| Medical malpractice | 1 year | Cal. Code Civ. Proc. § 340.5 |
| Claim against a city, county, or state agency | 6-month claim; 2 years | Cal. Gov. Code § 911.2 (claim) and § 945.6 (suit) |
| Breach of a written contract (including an insurance policy) | 4 years | Cal. Code Civ. Proc. § 337 |
Frequently asked questions
- How long do I have to file a personal injury lawsuit in California?
- Generally two years from the date of the injury under Code of Civil Procedure section 335.1. If a public entity is involved, a written government claim is normally due within six months, which is a much earlier and easily missed deadline.
- What happens if I miss the deadline?
- A late lawsuit is typically dismissed regardless of how strong the facts are, and the claim is lost permanently. This is why deadlines should be confirmed with an attorney early rather than close to the cutoff.
- Can the deadline be extended?
- Sometimes. Tolling rules can apply to minors, to plaintiffs who were incapacitated, to defendants who left the state, and to injuries that could not reasonably have been discovered right away. Whether any of them apply to your case is a legal determination.
- Does the deadline change if the insurer is still negotiating?
- No. Ongoing negotiations do not extend the statute of limitations. The lawsuit must still be filed on time or the claim is barred.
This checker applies general California limitations rules and is provided for information only. It is not legal advice and does not create an attorney-client relationship. Exceptions, tolling and contractual deadlines can change the answer — confirm your date with a licensed attorney. See also our answer library. Hollywood Injury Law Center — Bash & Polyachenko P.C. is licensed in California.