How long do you have to sue after an injury in California?
Last checked November 8, 2026
In California you generally have 2 years from the date of your injury to file a lawsuit, under Cal. Civ. Proc. Code § 335.1. If a city, county or the state is responsible, the deadline can be much shorter: 6 months.
Calculate your deadline
Your general deadline would be
This is a general estimate. Exceptions can change it. We do not need your details to show it.
California injury deadlines at a glance
| Situation | Deadline | Law |
|---|---|---|
| Most injuries, including car accidents | 2 years | Cal. Civ. Proc. Code § 335.1 |
| Wrongful death | 2 years | Cal. Civ. Proc. Code § 335.1 |
| Claim against the government (State and local public entities) | 6 months | Cal. Gov. Code § 911.2(a) |
What the law says
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
Cal. Civ. Proc. Code § 335.1
“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.”
Cal. Gov. Code § 911.2(a)
When does the clock start?
Usually on the day you were hurt. In California, Cal. Civ. Proc. Code § 335.1 sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.
What does not stop the clock
Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.
What happens if you miss it?
Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.
Other states with the same deadline
Sources
- Cal. Civ. Proc. Code § 335.1, Official text, 2026-11-08
- Cal. Gov. Code § 911.2(a), Official text, 2026-11-08