If you were hurt in Orange County, California law gives you a limited window to bring a claim. Miss it, and the court can dismiss your case no matter how strong it is. The deadline depends on the type of claim and on who caused your injury. This guide sets out the main deadlines in one place.
California Injury Deadlines at a Glance
| Type of claim | General deadline | Law |
|---|---|---|
| Personal injury (car, truck, motorcycle, bicycle, pedestrian, slip and fall, dog bite) | 2 years from the injury | Code of Civil Procedure § 335.1 |
| Wrongful death | 2 years from the date of death | Code of Civil Procedure § 335.1 |
| Property damage (for example, your vehicle) | 3 years from the damage | Code of Civil Procedure § 338 |
| Medical malpractice | 3 years from the injury or 1 year from when you discovered it, whichever comes first | Code of Civil Procedure § 340.5 |
| Claim against a city, county, state agency or public transit | A written claim within 6 months of the injury | Government Code § 911.2 |
The Two-Year Rule for Most Injury Claims
Most personal injury cases in California must be filed within two years of the date you were injured. That covers most car accidents, truck and motorcycle crashes, bicycle and pedestrian accidents, dog bites, and injuries on someone else’s property.
Two years can sound like plenty of time. In practice, medical treatment, insurance negotiations and gathering evidence take months. Witnesses move, video footage is deleted and vehicles are repaired. Starting early protects both the deadline and the evidence.
Wrongful Death Claims
Families generally have two years from the date of death to file a wrongful death lawsuit. The clock starts at the death, which may be later than the accident that caused it. If the death involved a public agency, the six-month government claim rule below applies as well.
Claims Against a Government Agency: Six Months
This is the deadline people miss most often. If a city, county, state agency or public transit operator may be responsible, for example a crash with a city vehicle or a bus, or an injury caused by a dangerous road or sidewalk, you generally must file a written government claim within six months of the injury.
You can only file a lawsuit after the agency rejects the claim or fails to respond, and then a further, shorter deadline applies. Because these rules are strict, contact a lawyer quickly if a public agency could be involved.
Medical Malpractice
Medical malpractice claims follow their own rule: generally three years from the injury, or one year from when you discovered (or reasonably should have discovered) the injury, whichever comes first. These cases also have notice requirements before a lawsuit can be filed.
When the Deadline Can Be Different
- Injured children. For many claims, the deadline is paused until the child turns 18. Government claims and medical malpractice claims follow different rules, so don’t rely on this without advice.
- Injuries discovered later. When an injury isn’t apparent right away, the deadline may start when it was discovered or reasonably should have been.
- Property damage. Claims for damage to your car or other property generally have three years, but the injury claim from the same accident still has two.
Frequently Asked Questions
How long do I have to file a car accident claim in California?
For an injury claim, generally two years from the date of the accident. For damage to your vehicle, generally three years. If a government vehicle or a dangerous public road was involved, a written claim is usually due within six months.
Does negotiating with the insurance company stop the deadline?
No. Talking to an insurance adjuster, or receiving a settlement offer, does not pause the statute of limitations. If the claim isn’t resolved in time, a lawsuit must be filed before the deadline.
What happens if I miss the deadline?
In most cases the court will dismiss the lawsuit, and the insurance company has no reason to pay. Some exceptions exist, so ask a lawyer even if you think time has run out.
Is the deadline different for an injured child?
Often, yes. For many claims the deadline is paused until the child turns 18, but government claims and medical malpractice follow stricter rules. Get advice early.
Talk to Us Before the Deadline Passes
The Law Offices of Brent W. Caldwell represents injured people and families across Orange County from our Huntington Beach office. Consultations are free, and we take personal injury cases on a no win, no fee basis: you pay no attorney fees unless we recover compensation for you. We can tell you which deadline applies to your case and what needs to happen before it.
