Statutes of limitations (filing deadlines) for personal injury in brief and related civil claims in California. These deadlines dictate the duration within which you must file a lawsuit in court following an injury or incident. Failing to meet these deadlines generally results in the permanent loss of your right to sue.
General Personal Injury (Negligence)
- 2 years from the date of the injury or accident.
This timeframe applies to the majority of personal injury claims, which include:
- Car, motorcycle, and truck accidents
- Slip & fall (premises liability)
- Dog bites
- Product liability cases
- Assault & battery (civil claim)
- False imprisonment
Regulated by California Code of Civil Procedure (CCP) § 335.1.
2. Wrongful Death
- 2 years from the date of the deceased individual’s passing.
Also governed by CCP § 335.1 (but calculated from the date of death, not the injury).
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3. Claims Against Government Entities (Tort Claims)
Claims against public entities (such as city, county, or state) do not commence with a standard lawsuit. Instead, you must submit a government claim in accordance with the California Government Claims Act (Gov. Code § 911.2):
- 6 months from the date of the injury to submit a written claim to the agency.
- The government has approximately 45 days to provide a response.
- If the claim is denied, you typically have 6 months from the date of the rejection notice to initiate a lawsuit.
- If no timely response is received, a lawsuit must generally be filed within the standard 2-year timeframe.
Important: The 6-month administrative deadline is stringent – even for minors. Failing to adhere to it can prevent you from suing the government.
4. Property Damage (Connected to Injury)
- 3 years from the date the damage occurred (for instance, vehicle or property damage).
-> Governed by CCP § 338.
5. Exceptions & Tolling (Pausing the Clock)
In some cases, the filing deadline may be extended (“tolled”):
The filing of personal injury claims in California require due diligence. It is advisable to begin the process promptly to avoid complications. Consulting a qualified personal injury lawyer like Law Office of Antoniette Jauregui . You can also call her at 951-218-4083 or 909-890-2350 to determine whether probate is necessary and to correctly navigate the legal process.
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