The Two-Year Clock: California's Personal-Injury Deadline (and the Exceptions That Bite)

Michael Benavides • June 19, 2026

In California you generally have two years to file an injury lawsuit — but several traps can shorten that to as little as six months, and missing the deadline ends the case before it starts.

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The General Rule

California gives you two years from the date of injury to file most personal-injury lawsuits (Code of Civil Procedure § 335.1). Wait past it and the court will throw the case out no matter how strong it is, so the deadline is the first thing a careful claimant protects.

The Exceptions That Catch People

Several situations shorten the clock. A claim against a city, county, or other public entity requires a formal government claim within six months (Gov. Code § 911.2). Medical-malpractice claims run on a different track — generally one year from discovery and no more than three years from the injury (CCP § 340.5). Claims involving minors, or injuries not discovered right away, can also shift the timeline.

Why Acting Early Helps Anyway

Even with two years, evidence fades fast — surveillance video gets overwritten, witnesses move, and skid marks wash away. The sooner the facts are preserved, the stronger the claim, which is why most injury cases are built long before any deadline is near.

What to Do

Don't let a deadline you didn't know about close your case. A free consult pins down exactly which clock applies to your situation and gets the evidence locked down.

Michael Benavides Legal — free consult | Michael Benavides, Esq., CA Bar No. 270714 | 707-362-4166 | attorneymichaelbenavides.com

ATTORNEY ADVERTISING. Michael Benavides Legal is a trade name of the law practice of Michael Benavides, Esq., California State Bar No. 270714. General information only — not legal advice, and no attorney-client relationship is formed by reading this. Injury results depend on your specific facts. Prior results do not guarantee a similar outcome; verify current deadlines and figures.

By Michael Benavides June 19, 2026
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By Michael Benavides June 19, 2026
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By Michael Benavides June 19, 2026
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