Answer FilePersonal Injury
How long do I have to file a personal injury claim in California?
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
Legal information, not legal advice.
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