California Injury LawExplained.Talk to GJEL
Deadlines & claim steps Guide

How long do I have to file an injury lawsuit?

ATTORNEY REVIEWED

Reviewed by Andrew (Andy) R. Gillin

California State Bar #45226 ↗ · Approval recorded November 4, 2026

How we record review approval
THE SHORT ANSWER

Many injury lawsuits in California have a two-year time limit. Some claims need action much sooner. Do not use two years as a safe rule for every case.

Sources: [1][2][3]
In this guide

Here’s an example

IMAGINE THIS

An adult hurt in a typical car crash may have two years to sue. A crash with a city truck may need a claim within six months.

A made-up example to explain the idea. Your facts may lead to a different answer.

How the rule works

Code of Civil Procedure § 335.1 covers many injury and death actions. Other statutes can require earlier steps or create exceptions.

Legal references: [1] Code of Civil Procedure § 335.1 — Injury and death actions · [2] Government Code § 911.2 — Presenting a government claim · [3] Code of Civil Procedure § 352 — Certain pauses in time limits

SEE HOW IT FITS

Three clocks to check

  1. Insurer notice

    Check the policy and notice terms.

  2. Government claim

    A public agency may require an early claim.

  3. Court lawsuit

    Check the filing rule and any exceptions.

These are separate checks. Not every clock applies to every claim. This diagram does not set your deadline.

One event can start different clocks

A deadline to sue is not the same as a deadline to tell an insurer. A claim against a city can add a separate notice step. More than one clock may run at once.

Write down the event date, the people involved, and when you first learned of the harm. Keep letters and claim forms. A lawyer needs those facts to check which rules apply.

Sources: [1][2][6][5]

What if I learned the cause later?

Finding harm later can raise a different start-date question. It is not enough to say that you got a new diagnosis. What you knew, what you suspected, and what a reasonable check would have shown can matter.

The Fox case explains why courts look at the facts behind a later-discovery claim. It does not grant a fresh deadline every time a person learns a new detail.

Sources: [4]

What can change the answer?

Rules for public agencies, children, and injuries found later can change the dates. Opening an insurance claim is not the same as filing a lawsuit.

Questions people ask

Does talking to an adjuster stop the court clock?

Do not assume that it does. A claim discussion and a lawsuit are different steps. Check the filing date even if the insurer is still asking for records.

References: [1][5]

Can I work out the last day on my own?

A simple date count may miss a special rule. The kind of claim, who is involved, and facts about discovery or age can change the review. Get those points checked early.

References: [1][3][2][4]

THE CASE LAW

Court decisions behind this answer

A case can help explain a rule. Its facts and limits matter too.

Fox v. Ethicon Endo-Surgery, Inc.

Supreme Court of California · 2005
35 Cal.4th 797, slip op., pp. 1–2

The court asked when a person had reason to suspect harm and a wrongful cause. That can affect when the time to sue starts.

What to keep in mind

A later diagnosis does not always give you more time. The facts and steps you took to find the cause still matter.

Case applicability reviewed as recorded above.

A useful next step

Get the dates and possible parties checked promptly. Do not wait for an insurer to finish before you check court deadlines.

If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.

CHECK THE SOURCE

The law behind this guide

The references below support the legal discussion. Their application depends on the facts.

  1. Code of Civil Procedure § 335.1 — Injury and death actions ↗Statute · Review recorded above
  2. Government Code § 911.2 — Presenting a government claim ↗Statute · Review recorded above
  3. Code of Civil Procedure § 352 — Certain pauses in time limits ↗Statute · Review recorded above
  4. Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797 ↗Case law · Review recorded above
  5. California Department of Insurance — Automobile insurance guide ↗Agency guidance · Review recorded above
  6. Government Code § 945.6 — Time to sue a public entity ↗Statute · Review recorded above

Updated 2026-11-04. Read our editorial standards.

This is general information, not legal advice. It does not decide whether you have a claim. Important exceptions and deadlines may apply.
WHEN YOU NEED A PERSON, NOT ANOTHER PAGE

Your situation deserves
a closer look.

A guide can explain a rule. A lawyer can help you understand how it may apply to you.

Ask GJEL about your situation