California Filing Deadline Checker
California does not have one filing deadline. It has several, and the one that applies depends on who you are suing and what kind of harm was done. Medical negligence runs shorter than the general rule, not longer. Public agencies run shortest of all, and they run twice.
Enter the date of injury below to see where you stand. Nothing is submitted or stored.
- Most injury claims2 yearsFrom the date of injury
- Medical negligence1 yearFrom discovery, 3 years maximum
- Public agencies6 monthsTo present a written claim
- After a claim is rejected6 monthsIf the agency rejects it in writing
Every deadline that can apply in California
| Most personal injury claims | Two years from the date of injury. Cal. Code Civ. Proc. § 335.1 |
|---|---|
| Wrongful death | Two years from the date of death. Cal. Code Civ. Proc. § 335.1 |
| Medical malpractice Much shorter than the ordinary deadline | One year from the discovery of the injury and its negligent cause. One year from discovery or three years from the injury, whichever comes first. A separate 90-day written notice is required before filing. Cal. Code Civ. Proc. § 340.5 |
| Claim against a city, county or state agency Much shorter than the ordinary deadline | Six months from the date of incident. A written claim must be presented within six months. The agency then has 45 days to respond. If it rejects the claim in writing, six months remain to sue; if it never responds, a longer period applies but should not be relied on. Cal. Gov. Code § 911.2 |
If the injured person is under 18: For ordinary claims the clock generally does not start until the injured person turns 18. Medical negligence is the exception: a minor's malpractice claim must be brought within three years of the negligent act, or by the eighth birthday for a child injured before age six. Cal. Code Civ. Proc. § 352; § 340.5
This is general information, not legal advice. Deadlines can start earlier or later than the date of injury, and exceptions apply. If any deadline here looks close, speak to a lawyer straight away rather than relying on this page.
The deadline depends on who you are suing
In most states the filing deadline is a single number with a few exceptions bolted on. California is not built that way. A crash caused by another driver, a misdiagnosis by a surgeon and a fall on a county sidewalk are governed by three different clocks running at three different speeds.
Getting the wrong one is not recoverable. California courts dismiss late claims regardless of how strong the underlying case was.
Two years for most injury claims
Personal injury and wrongful death claims generally run two years from the date of injury or death, under Code of Civil Procedure § 335.1. This covers most vehicle collisions, premises injuries, dog bites and assaults by private parties.
Two years is workable but not roomy. Records have to be gathered, liability established and every insurer identified before a filing can be prepared. Attorneys approached in the final weeks frequently decline, not because the case is weak but because there is no time left to build it.
Medical negligence runs shorter, not longer
This is the deadline people get wrong most often. Medical malpractice in California runs one year from discovering the injury, or three years from the injury itself, whichever arrives first, under § 340.5.
Discovery means the point at which you knew, or reasonably should have known, that you were harmed and that negligence may have caused it — not the date a lawyer confirms it.
There is also a procedural step that is easy to miss: § 364 requires 90 days’ written notice to the healthcare provider before a suit can be filed. Serving that notice in the final 90 days extends the deadline, but relying on that extension is not a plan.
Public agencies: six months, then six months again
If a city, county, state agency, school district, transit authority, public hospital or state university caused your injury, the ordinary deadline is irrelevant.
A written claim must be presented to that agency within six months of the incident, under Government Code § 911.2. The agency then has 45 days to respond.
What happens next depends on how it responds. If it sends a written rejection containing the statutory warning, you have six months from that notice to file suit under § 945.6. If it simply ignores the claim, it is deemed rejected after 45 days and a longer period — two years from when the claim arose — applies instead.
Do not rely on that longer period. It exists only because the agency failed to follow procedure, and whether it applies is often disputed. Treat six months as the deadline in both directions: six to present the claim, six to sue.
Two separate deadlines, both short. Missing the first one almost always ends the matter, no matter how clear the liability.
When the clock starts later
Injured children. For ordinary injury claims the deadline is generally tolled until the injured person turns 18 under § 352, which usually leaves until age 20 to sue.
Medical negligence is the exception, and it catches parents out. Under § 340.5 a minor’s malpractice claim must be brought within three years of the negligent act — not within three years of turning 18. For a child injured before their sixth birthday, the deadline is three years or their eighth birthday, whichever gives longer. There is no tolling to adulthood here.
Government claims are treated no more generously and should be presented within the usual six months.
Delayed discovery. Where an injury or its cause could not reasonably have been discovered at the time, the clock may begin at discovery instead. California applies this narrowly: under Jolly v. Eli Lilly & Co. the clock starts when you suspect wrongdoing, not when you can prove it.
What actually stops the clock
Only a filing with the court, or a timely claim presented to a public agency. Reporting the crash to an insurer does not stop it. Months of negotiation with an adjuster do not stop it. Insurers have no obligation to warn you that the deadline is approaching, and a claim that quietly runs past two years loses all of its leverage at once.
Common questions
Is the deadline really only one year for a medical mistake?
One year from when you discovered the injury and its possible negligent cause, with an absolute three-year limit from the injury itself. A 90-day notice to the provider is also required before filing.
What if I was injured by a city bus or on public property?
Present a written claim to the agency within six months under Government Code § 911.2. The agency has 45 days to respond. If it rejects the claim in writing you have six months from that notice to sue; if it never responds, a longer period applies, but that is not something to rely on. These deadlines override the ordinary two-year rule entirely.
Does talking to the insurance company extend my deadline?
No. Only filing suit, or presenting a government claim where one is required, affects the deadline. Negotiations run in parallel with the clock, not instead of it.
My child was hurt. Have we lost the claim?
For an ordinary injury claim, probably not — the deadline is generally tolled until the child turns 18, leaving until about age 20. Medical negligence is different and far shorter: three years from the negligent act, or until the eighth birthday for a child injured before age six. If the injury involved medical care or a public agency, get advice immediately rather than relying on tolling.
Related
- California settlement calculator — estimate what a claim may be worth
- California injury claims overview
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