Deadlines to File an Injury Lawsuit in California
How long you have to sue in California for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: A lawsuit for injury to a person (for example, accidents, assault, battery, or negligent or intentional infliction of emotional distress) must generally be filed within 2 years from the date of the injury. Cal. Code Civ. Proc. § 335.1; Judicial Branch of California Self-Help Guide, "Deadlines to sue someone"
| Deadline to sue for an injury | A lawsuit for injury to a person (for example, accidents, assault, battery, or negligent or intentional infliction of emotional distress) must generally be filed within 2 years from the date of the injury. If the injury was not discovered right away, the time generally starts when it was discovered or should reasonably have been discovered. |
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| Deadline to sue for property damage | A lawsuit for damage to property, such as crashing someone's vehicle, taking personal property (conversion), or trespass, must generally be filed within 3 years from the date the property was damaged. |
| Medical malpractice deadline | A lawsuit against a health care provider must be filed within 1 year from the date the patient knew or should have known about the injury, or 3 years from the date of the injury, whichever is earlier. Before suing a health care provider, the patient must give the provider 90 days' notice. |
| Wrongful death deadline | The 2-year deadline for injury to a person also applies to wrongful death lawsuits. A death caused by medical malpractice falls under the separate malpractice deadline in § 340.5. |
| Suing the government | Before suing a government agency or its employee, you must first submit a written claim to the agency. A claim for injury to a person or damage to personal property must be submitted within 6 months of the injury; a claim for breach of contract or damage to real estate has 1 year. The agency has 45 days to respond. If it denies the claim, you have 6 months from the date the rejection was mailed to file a lawsuit. If it does not respond, you generally have up to 2 years from the injury to sue. Claims against the State go through the Government Claims Program; claims against cities and counties go to that city or county. No general dollar cap on these claims was identified on the pages reviewed. |
More California personal injury & wrongful death
- Wrongful Death Lawsuits in California
- Medical Malpractice Rules in California
- Car Accident Claims in California
- Dog Bite Liability in California
- Slip, Trip and Fall Injuries in California
- Sidewalk and Public Property Falls in California
- Motorcycle Accident Claims in California
- Pedestrian Accident Claims in California
- Bicycle Accident Claims in California
- Uber and Lyft Accident Claims in California
- All California personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in California?
A lawsuit for injury to a person (for example, accidents, assault, battery, or negligent or intentional infliction of emotional distress) must generally be filed within 2 years from the date of the injury. If the injury was not discovered right away, the time generally starts when it was discovered or should reasonably have been discovered.
How long do you have to sue for property damage in California?
A lawsuit for damage to property, such as crashing someone's vehicle, taking personal property (conversion), or trespass, must generally be filed within 3 years from the date the property was damaged.
What is the statute of limitations for medical malpractice in California?
A lawsuit against a health care provider must be filed within 1 year from the date the patient knew or should have known about the injury, or 3 years from the date of the injury, whichever is earlier. Before suing a health care provider, the patient must give the provider 90 days' notice.
How long do you have to file a wrongful death lawsuit in California?
The 2-year deadline for injury to a person also applies to wrongful death lawsuits.
How do you file an injury claim against the government in California?
Before suing a government agency or its employee, you must first submit a written claim to the agency. A claim for injury to a person or damage to personal property must be submitted within 6 months of the injury; a claim for breach of contract or damage to real estate has 1 year. The agency has 45 days to respond. If it denies the claim, you have 6 months from the date the rejection was mailed to file a lawsuit. If it does not respond, you generally have up to 2 years from the injury to sue. Claims against the State go through the Government Claims Program; claims against cities and counties go to that city or county.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.