You face a hard deadline to take action after an injury in California. Courts expect you to move fast, keep records, and file on time. Miss the deadline, and you lose your right to compensation — no matter how strong your case feels.
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The 2-Year Clock: What It Covers
California sets a two-year statute of limitations (deadline) for most personal injury lawsuits. Your two-year clock usually starts on the date you got hurt. Car crashes, slip and falls, dog bites, bicycle and pedestrian collisions, and many other injury cases fall under this rule.
California’s roads stay busy, and serious crashes still happen. State data show traffic deaths fell from 4,539 in 2022 to 4,061 in 2023, but thousands of families still faced life-changing harm. Fewer deaths do not change your filing deadline.
Shorter Deadlines You Can’t Miss
Some situations shrink your timeline. You protect yourself when you know about these special rules before they become a problem.
Claims against government entities
If a state, county, city, school district, or public agency may be responsible, you must first file a “government claim,” usually within six months of the incident. If the agency denies your claim, you generally get six months from the mailing of the denial to file your lawsuit. If the agency stays silent for 45 days, different rules apply, and you may have up to two years from injury to sue — get advice fast.
Medical malpractice
When you sue a healthcare provider, California applies a special statute: you must file by the earliest of one year after you knew or should have known of the injury, or (2) three years from the date of injury.
Work injuries (workers’ compensation)
Report your injury to your employer quickly. California’s Division of Workers’ Compensation warns that if your employer doesn’t learn about your injury within 30 days, you could lose the right to benefits. RTM Law explains why immediate reporting and treatment also help your health and your claim.
Discovery of Harm: When the Clock Starts Later
There is an exception to the two-year rule known as the “discovery of harm” rule. This exception applies when a personal injury victim is unaware of their injury immediately after the incident.
Sometimes, injuries aren’t immediately apparent, and it may take time for victims to realize the full extent of their harm. In such cases, the statute of limitations begins from the date the victim discovers the injury.
Courts still expect you to act reasonably. If you discover symptoms later, get medical care, document what changed, and speak with a lawyer as soon as possible.
Tolling: Situations That Pause the Clock
Certain events can pause the countdown, which lawyers call “tolling.” The pause ends when the reason for tolling ends, and the clock resumes. You should not assume tolling applies; confirm it early.
Minors
The courts explain that tolling often applies while the injured person is under 18. Once the person turns 18, the statute begins to run.
Emergency rules and other specific situations
California has, at times, tolled statutes by rule (for example, during early 2020). These are narrow exceptions, so check current rules for your dates.
Your Immigration Status: Off-Limits in Court
California tells its courts to keep your immigration status out of the courtroom. Evidence Code § 351.2, created by Assembly Bill 2159 in 2016, blocks defense lawyers from bringing up (or digging into) whether you are documented in personal injury and wrongful-death cases.
Judges must exclude that topic completely. RTM Law discusses how that protection helps injured people focus on recovery and their case, not their status.
Why Acting Now Helps Your Case
Evidence fades fast. Businesses overwrite surveillance video, skid marks wash away, phones get replaced, and witnesses move. Federal safety data show traffic fatalities trending downward nationally in 2024, but courts still apply strict deadlines to every case, and insurers still demand proof. You give yourself leverage when you move quickly.
What To Do Next (So You Don’t Miss the Deadline)
You protect your rights when you take a few focused steps. These steps help your health, your claim value, and your timeline.
- Get medical care now. Follow your doctor’s plan, keep appointments, and save every bill, note, and referral. Consistent care links your injuries to the incident and supports the discovery-of-harm timeline when symptoms appear later.
- Write down dates and names. Note the day of injury, first symptoms, first treatment, time missed from work, and any talks with insurers. Precise dates decide whether you file on time.
- Preserve evidence. Save photos, video, damaged gear, and contact details for witnesses. Ask nearby businesses or homes about video right away.
- Check whether a public entity is involved. Buses, city vehicles, broken public sidewalks, school property — any of these can trigger the six-month claim rule. Don’t guess; confirm it early.
- If the injury happened at work, report it within 30 days. Tell your supervisor, fill out the forms your employer provides, and keep a copy.
- Talk to a California injury lawyer quickly. A personal injury attorney will calculate your exact deadline, identify exceptions, and file on time.
Beat the Clock, Build the Case
You control two things today: your care, and your timing. Get treatment, gather proof, and ask a lawyer to lock in your deadline. You protect your health, your family, and your right to full compensation when you act now.
Need help today? RTM Law’s team can review your timeline, your evidence, and your options, then file before the clock runs out.
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
