# How long do I have to file an injury lawsuit? Canonical: https://californiapersonalinjurylaws.com/guides/injury-lawsuit-deadline/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## 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. ## Hypothetical example 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. ## 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. ## 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. If a public agency may be at fault, start with [government claim deadlines](https://californiapersonalinjurylaws.com/guides/government-claim-deadline/). An open insurance file does not replace a court filing. Compare [the difference between a claim and a lawsuit](https://californiapersonalinjurylaws.com/guides/insurance-claim-vs-lawsuit/). Sources: [Code of Civil Procedure § 335.1 — Injury and death actions](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1.); [Government Code § 911.2 — Presenting a government claim](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2.); [Government Code § 945.6 — Time to sue a public entity](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=945.6.); [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm) ## 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. A child’s age can raise a different issue. Read [time limits for a child’s injury](https://californiapersonalinjurylaws.com/guides/child-injury-deadline/). Sources: [Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797](https://law.justia.com/cases/california/supreme-court/2005/s121173.html) ## 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. ## 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. ## 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. ## 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. ## Court decisions behind this answer ### Fox v. Ethicon Endo-Surgery, Inc. (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. Limit: A later diagnosis does not always give you more time. The facts and steps you took to find the cause still matter. Source: https://law.justia.com/cases/california/supreme-court/2005/s121173.html ## Sources - [Code of Civil Procedure § 335.1 — Injury and death actions](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1.) - [Government Code § 911.2 — Presenting a government claim](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2.) - [Code of Civil Procedure § 352 — Certain pauses in time limits](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=352.) - [Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797](https://law.justia.com/cases/california/supreme-court/2005/s121173.html) - [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm) - [Government Code § 945.6 — Time to sue a public entity](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=945.6.) General information, not legal advice.