California Filing Deadlines for Injury Claims

Every legal claim has a deadline, and in California the deadlines for personal injury and product liability cases are strict. Once a deadline passes, an otherwise strong case can be lost permanently, regardless of how clear the liability is or how severe the injuries are. Understanding the general rules and the exceptions is important, but the specifics of any case should be reviewed with a lawyer.

Under California Code of Civil Procedure section 335.1, most personal injury and product liability claims must be filed within two years of the date of injury. Wrongful death claims generally run two years from the date of death. This is the baseline rule, and it applies to the majority of injury cases.

In some product liability cases, the injury or its cause is not discovered immediately. A defect in an implanted medical device may not become apparent for years. Under the discovery rule, the two-year clock may not start until the injured person knew, or in the exercise of reasonable diligence should have known, that the injury was caused by a defective product. This exception can extend the deadline substantially, but it is fact-specific and should not be assumed.

If the responsible party is a government entity, a different and much shorter timeline applies. Under the California Tort Claims Act, a written administrative claim must usually be filed with the agency within six months of the incident. If the claim is denied, a lawsuit must follow within strict time limits after the denial. Missing the administrative claim deadline can end the case entirely, even if the two-year statute of limitations has not run.

When the injured person is a minor, the deadline is generally tolled, or paused, until the child turns eighteen. Under Code of Civil Procedure section 352, the two-year clock typically does not start until the minor reaches adulthood. This can extend the filing deadline by many years, but it does not mean waiting is advisable. Evidence disappears, memories fade, and the practical strength of a claim can erode even when the legal deadline is extended.

• The discovery rule can extend a deadline when the cause of injury was not immediately apparent.
• Mental incapacity may toll the deadline under certain circumstances.
• Fraud or concealment by the responsible party can extend the deadline.
• Some statutory extensions apply to specific types of claims.

This article is general information about California filing deadlines, not legal advice. Deadlines are fact-specific, exceptions are not automatic, and assuming you have time can be as dangerous as assuming you do not. If you or a family member has been injured, the safest approach is to have someone review the specific timeline of your case.