The Short Answer
In California you generally have 2 years from the date of an injury to file a personal injury or wrongful death lawsuit, and 3 years to sue for damage to property. Claims against a city, county, or state agency are much shorter: a written government claim is due within 6 months. Lawsuits against your own homeowners insurer usually must be filed within 12 months of the loss (24 months after a declared emergency), with time paused while the claim is being decided.
Key Takeaways
- Most injury and wrongful death claims: 2 years (Code of Civil Procedure § 335.1).
- Damage to property: 3 years (Code of Civil Procedure § 338).
- Claims against public entities: a written claim within 6 months, then a short window to sue after it is rejected.
- Filing an insurance claim does not pause the deadline to sue the person who hurt you.
- Missing the deadline usually ends the case permanently, however strong it is.
The General Rule
A statute of limitations is the deadline to file a lawsuit. It is not the deadline to call an insurer or a lawyer, but it controls every negotiation: once it passes, the other side has little reason to pay. In California the clock usually starts on the date of the injury or loss.
California Deadlines at a Glance
| Type of claim | Deadline | Law |
|---|---|---|
| Personal injury (car, truck, motorcycle, pedestrian, bicycle, dog bite, slip and fall, defective product) | 2 years | CCP § 335.1 |
| Wrongful death | 2 years from the death | CCP § 335.1 |
| Damage to vehicle or other property | 3 years | CCP § 338 |
| Medical negligence | 3 years from injury or 1 year from discovery, whichever is first | CCP § 340.5 |
| Claim against a city, county, state agency, or school district | Written claim within 6 months | Gov. Code § 911.2 |
| Lawsuit after a government claim is rejected | Usually 6 months from the written rejection | Gov. Code § 945.6 |
| Lawsuit against your own fire or homeowners insurer | 12 months from the loss (24 months for losses tied to a declared state of emergency), paused while the claim is pending | Ins. Code § 2071 |
Claims Against Government Agencies
When a public entity is involved, such as a city bus, a sheriff's patrol car, a county road with a dangerous defect, or a fall on public property, California's Government Claims Act applies. Before you can sue, you must file a written claim with the agency within 6 months. If the agency rejects it, you generally have 6 months from the written rejection to file suit. Missing the 6 month claim deadline can sometimes be cured with a late claim application, but only within one year and only for limited reasons.
This is the deadline that catches people most often, because it is a quarter of the usual time and it applies to ordinary looking accidents.
When the Clock Starts Later
Under California's delayed discovery rule, some claims don't begin to run until you discovered, or reasonably should have discovered, both the injury and its likely cause. This comes up with toxic exposure, defective products, and some medical injuries. It is a fact heavy argument, not a safe assumption, so plan around the earliest possible date.
Injuries to Children
For most injury claims, the limitations period is paused until a child turns 18. Parents may still bring claims sooner, and parents' own claims for a child's medical expenses can have their own deadlines. The government claim requirement is not paused the same way, so a child injured by a public entity's vehicle or property still needs a claim filed quickly.
Insurance Policy Deadlines
Disputes with your own insurer run on different clocks. California's standard fire policy language, which homeowners policies follow, requires a lawsuit within 12 months of the loss, or 24 months if the loss is related to a declared state of emergency such as a major wildfire. California courts pause that period from the date you give notice of the claim until the insurer denies it in writing. Read what to do if your homeowners claim is denied.
Separately, an insurance claim against the at fault driver's insurer does not stop the 2 year clock to sue that driver.
Why You Shouldn't Wait for the Deadline
Evidence disappears long before the law runs out: video is overwritten, vehicles are repaired, witnesses move, and memories fade. Early action also leaves room to find every responsible party and insurance policy. If you were hurt or your property was damaged, a free case review with Hamassian Law can confirm which deadlines apply to you.
Frequently Asked Questions
Is the Statute of Limitations for Personal Injury in California 2 or 3 Years?
Two years for injuries to a person, including wrongful death, under Code of Civil Procedure § 335.1. The 3 year period in § 338 applies to damage to property, such as your vehicle or home. One accident can involve both deadlines.
Does Filing an Insurance Claim Stop the Statute of Limitations?
No. Negotiating with the at fault party's insurer does not extend the deadline to file a lawsuit against that party. The exception is a lawsuit against your own property insurer: California courts pause the policy's suit limitation period from the time you report the loss until the insurer denies the claim in writing.
What Happens if I Miss the Deadline?
The defendant can ask the court to dismiss the case, and courts almost always grant that request unless an exception applies, such as delayed discovery or the injured person being a minor. If you think a deadline may have passed, have a lawyer review the dates right away. Exceptions are narrow but real.
How Long Does a Child Have to File an Injury Claim in California?
For most injury claims, the 2 year clock does not start until the child turns 18. That pause generally does not apply to the 6 month government claim requirement, so injuries involving a public entity still need fast action.
Sources
- California Code of Civil Procedure § 335.1 (injury and wrongful death: 2 years)
- California Code of Civil Procedure § 338 (injury to property: 3 years)
- California Code of Civil Procedure § 340.5 (medical negligence)
- California Code of Civil Procedure § 352 (tolling for minors)
- California Government Code § 911.2 (government claims: 6 months)
- California Government Code § 945.6 (deadline to sue after a claim is rejected)
- California Insurance Code § 2071 (standard fire policy, including the suit limitation clause)
- Prudential-LMI Commercial Insurance v. Superior Court (1990) 51 Cal.3d 674
This article is general information about California law as of November 9, 2026, not legal advice for your situation. Laws and deadlines change, and the right answer depends on your facts. Reading it or contacting us does not create an attorney-client relationship. Attorney advertising.