Personal Injury Timeline FAQ

The statute of limitations for most personal injury cases in California is two years from the date of injury, as established by California Code of Civil Procedure Section 335.1. This means you must file your lawsuit in court within two years of when the injury occurred, or your claim will be permanently barred regardless of its merit. The court will dismiss any case filed after this deadline, and the defendant's statute of limitations defense is virtually unassailable once the period has expired.

The two-year limitation period applies to most negligence-based personal injury claims, including car accidents, truck accidents, motorcycle collisions, bicycle accidents, pedestrian injuries, slip and fall cases, premises liability claims, and general negligence cases. However, different deadlines apply in specific situations that are important to understand.

Medical malpractice cases have a special statute under Code of Civil Procedure Section 340.5, creating a three-year outer limit with a one-year discovery rule. Claims against government entities require filing an administrative claim within just six months under the California Government Claims Act. Certain claims involving minors have tolled (paused) deadlines until the minor turns 18. Wrongful death actions have a two-year statute running from the date of death rather than the date of injury.

Missing the statute of limitations is one of the most devastating and common mistakes in personal injury law. Courts strictly enforce these deadlines, leaving no room for equitable exceptions based on the strength of your case or severity of your injuries. Acting promptly after an injury is always advisable.

The discovery rule is an important legal doctrine that delays the start of the statute of limitations until the plaintiff discovers, or through reasonable diligence should have discovered, both the fact of injury and its wrongful cause. This rule recognizes that it would be unjust to bar claims before injured parties even knew they had been harmed or that someone's negligence caused their harm.

Under California law, including Code of Civil Procedure Section 340.5 for medical malpractice and common law principles for other cases, the statute of limitations doesn't begin running until you knew or reasonably should have known two essential facts: first, that you suffered some injury or harm, and second, that the injury was caused by someone else's wrongful conduct. Both elements must be present for the statute to begin.

The discovery rule is particularly important in cases involving latent injuries from toxic exposure (like asbestos or chemical exposure), medical malpractice where the harm from negligent treatment isn't immediately apparent, defective products with delayed harmful effects, and situations where the causal connection between the defendant's conduct and your injury isn't immediately obvious. For example, if you develop cancer years after industrial chemical exposure, the statute may not begin until you learn that the exposure caused your illness.

However, the discovery rule has important limitations. Once you have sufficient facts to suspect wrongdoing and investigate further, the clock starts running even if you haven't confirmed every detail or don't yet know the full extent of your damages. The standard is what a reasonable person would have discovered through reasonable diligence, not what you actually knew. Courts apply this standard objectively.

Filing a personal injury claim against a California government entity—whether a city, county, the state, a public school district, or a special district like a transit authority—requires strict compliance with the California Government Claims Act (Government Code Sections 810-996.6). This statute imposes significant procedural hurdles that must be cleared before you can file a lawsuit.

The most critical requirement is filing an administrative claim with the appropriate government entity within six months of the date your cause of action accrued (typically the date of injury). This is dramatically shorter than the standard two-year statute of limitations for private defendants. Missing this six-month deadline will bar your claim in most circumstances, though limited exceptions exist for minors and incapacitated individuals.

Your claim must be filed with the correct government agency and must contain specific information required by Government Code Section 910, including: the date, place, and other circumstances of the occurrence giving rise to your claim; a general description of the injury, damage, or loss incurred; the names of any public employees who caused the injury (if known); the amount of your claim if totaling less than $10,000, or a statement that the claim exceeds $10,000; and your name, address, and contact information.

Once you file your claim, the government has 45 days to respond by accepting, rejecting, or requesting additional time. If your claim is rejected, or if 45 days pass without response (deemed rejection), you have six months from the date of written rejection notice (or from the deemed rejection date) to file your lawsuit. Failure to comply with these procedural requirements—even with an otherwise valid claim—will result in dismissal.

If you miss the statute of limitations deadline for your California personal injury case, the consequences are severe and typically irreversible. When you file a lawsuit after the applicable deadline, the defendant will raise the expired statute of limitations as an affirmative defense in their answer to your complaint. If the defense applies, the court will grant a motion to dismiss or summary judgment in the defendant's favor.

What makes this particularly harsh is that the dismissal occurs regardless of the underlying merits of your case. You could have overwhelming evidence of the defendant's negligence, catastrophic injuries, and millions of dollars in damages—none of that matters once the statute has run. The law considers the right to sue extinguished, not merely the remedy. Once your case is dismissed based on the statute of limitations, you cannot refile. Your claim is permanently barred.

However, before accepting that your case is time-barred, carefully analyze whether any exception might apply to your situation. The discovery rule may delay the starting date of the statute if you couldn't reasonably have known about your injury and its cause earlier. Tolling provisions under Code of Civil Procedure Section 352 may pause the deadline for minors (until they turn 18) or for persons who are mentally incapacitated or imprisoned. The defendant's absence from California under Section 351 may toll the statute during periods they were outside the state. Fraudulent concealment of the wrongdoing may also extend your deadline.

If you're concerned about an approaching deadline or believe you may have missed one, consult with a personal injury attorney immediately. There may be exceptions or arguments that preserve your claim, but these require prompt analysis and action.

The timeline for a California personal injury lawsuit varies significantly depending on case complexity, the severity of injuries, whether liability is disputed, court congestion in your jurisdiction, and most importantly, whether your case settles or must proceed to trial. Generally, cases take anywhere from several months for simple settlements to several years for complex litigation.

Simple cases that settle during pre-litigation negotiations—without ever filing a lawsuit—may resolve in three to six months after you reach maximum medical improvement and send a demand letter. If the insurance company makes a reasonable offer and both sides can agree on fair compensation, the process can be relatively quick.

Cases requiring actual litigation typically take one to three years or longer. The major phases include: completing medical treatment and reaching maximum medical improvement (timeline varies by injury), investigation and demand letter preparation (one to three months), insurance negotiations (one to six months), filing the lawsuit if negotiations fail (complaint must be filed within the statute of limitations), discovery phase involving written questions, document production, and depositions (typically six to twelve months), mediation or settlement conference (ongoing, may occur multiple times), and trial if the case doesn't settle (days to weeks depending on complexity).

California's Fast Track rules under Government Code Section 68616 set outside limits for bringing civil cases to trial—generally two years from filing for unlimited civil cases and one year for limited civil cases—but continuances, complex issues, and court backlogs can extend these timelines. Cases involving catastrophic injuries, multiple defendants, expert disputes, or vigorously contested liability tend to take longer.

You should begin the personal injury claim process as soon as possible after your California accident—ideally within days or weeks rather than waiting months. Starting early helps preserve evidence, protects your legal rights, and positions you for the strongest possible case. Delay creates risks that can undermine even legitimate claims.

Immediately after the accident—within hours or the first day—focus on seeking necessary medical attention (which also creates documentation of your injuries), photographing the accident scene, gathering contact information from witnesses, and reporting the incident to appropriate parties such as property owners, employers, or police. Don't wait to see if injuries develop—get checked out even if you feel fine, as many injuries don't manifest symptoms immediately.

Within the first few weeks, continue all recommended medical treatment, begin keeping a pain and symptom journal, collect and organize documents including medical records and bills, preserve any physical evidence, and consider consulting with a personal injury attorney for an initial evaluation of your case. Early legal consultation is usually free and can help you avoid common mistakes.

Within the first few months, request complete medical records from all providers, compile documentation of lost wages and other economic damages, and begin the process of communicating with insurance companies—though be careful about providing recorded statements without guidance. Key reasons for acting quickly include: physical evidence deteriorates or gets cleaned up, surveillance footage is typically overwritten within days or weeks, witnesses' memories fade and witnesses may become difficult to locate, and the two-year statute of limitations provides less cushion than it might seem when you account for treatment time and case preparation.

Maximum medical improvement (MMI) is the point in your recovery at which your medical condition has stabilized and is unlikely to improve substantially with further treatment. You may still have ongoing symptoms or need maintenance care, but the expectation is that your condition won't significantly change. This milestone is crucially important in California personal injury cases because it allows you to accurately calculate your total damages.

Before reaching MMI, you simply don't know the full extent of your injuries, their long-term effects, or what future medical care you'll need. Settling your case before MMI is risky because you might accept compensation that falls far short of your actual losses. Once you sign a release and accept settlement funds, you typically cannot seek additional compensation later if your condition turns out to be worse than expected or requires more treatment than anticipated.

Once you reach MMI, several important things become possible. Your treating physician can provide a definitive prognosis and identify any permanent impairments or disabilities. Medical experts can project your future treatment needs and their costs with reasonable certainty. Vocational experts can assess how permanent limitations affect your earning capacity. Economic experts can calculate the present value of your future damages. In short, MMI allows you to determine the true value of your claim.

The timeframe for reaching MMI varies dramatically based on your injuries. Soft tissue injuries like whiplash might resolve in weeks or months. Fractures may take six months to a year. Serious orthopedic injuries, traumatic brain injuries, spinal cord injuries, or chronic pain conditions may take a year or longer to stabilize. While the statute of limitations creates some time pressure, most cases allow sufficient time to reach MMI before needing to file suit. Work with your medical providers and attorney to balance getting a complete medical picture against approaching deadlines.

Yes, California medical malpractice cases have different and more complex statute of limitations rules than standard personal injury cases, creating multiple overlapping deadlines that require careful attention. Understanding these requirements is essential because medical malpractice claims face more procedural hurdles than typical injury cases.

Under California Code of Civil Procedure Section 340.5, you must file a medical malpractice lawsuit within three years of the date of injury OR within one year from the date you discovered (or through reasonable diligence should have discovered) the injury, whichever deadline comes first. This creates a dual deadline system: even if you just discovered the injury, you cannot sue more than three years after it occurred (with limited exceptions), and once you discover the injury, you have only one year to file regardless of the three-year outer limit.

Additionally, before filing your lawsuit, you must comply with Code of Civil Procedure Section 364, which requires giving healthcare providers at least 90 days written notice of your intent to file a medical malpractice claim. This notice requirement serves to encourage pre-litigation settlement discussions. The 90-day notice period tolls (pauses) the statute of limitations, giving you additional time, but you must still send your notice before the statute expires—you cannot use the notice period to extend an already-expired deadline.

For claims against public hospitals, county medical facilities, or other government healthcare providers, you must also comply with the six-month government claim requirement under the California Government Claims Act. This deadline runs concurrently with the medical malpractice statute, meaning you must file your government claim within six months while also complying with the Section 364 notice requirements. These overlapping deadlines make prompt consultation with an experienced medical malpractice attorney essential.

While California law doesn't establish specific statutory deadlines for reporting accidents to insurance companies, your insurance policies almost certainly contain reporting requirements that you must follow to preserve your coverage and benefits. Failing to report accidents timely could give your insurer grounds to deny coverage, reduce benefits, or refuse to defend you in a lawsuit—even if you have a valid policy.

For your own insurance company, check your specific policy language regarding notice requirements. Most auto insurance, homeowner's insurance, and renter's insurance policies require you to report accidents "promptly," "immediately," or "as soon as practicable." While courts interpret these terms somewhat flexibly, a safe approach is reporting to your insurer within 24 to 48 hours of any significant accident. The notice should include basic facts about when, where, and how the accident occurred, along with contact information for other parties involved.

For the at-fault party's insurance company, you have no legal obligation to provide immediate notice. You can contact them to initiate a claim at your convenience, though waiting too long could complicate your case by allowing evidence to disappear or memories to fade. Most claimants contact the at-fault party's insurer within weeks of the accident.

Separately, California Vehicle Code Section 16000 requires drivers involved in vehicle accidents to report the accident to the Department of Motor Vehicles within 10 days if anyone was injured, anyone was killed, or if total property damage exceeds $1,000. This report is made using DMV form SR-1 and is independent of any insurance reporting. Failing to file this report can result in license suspension. Best practice: report to your own insurer within 24-48 hours of any accident, file the DMV report within 10 days for qualifying accidents, and begin the third-party claim process within weeks.

A California personal injury case progresses through several key milestones from accident to resolution, though the timing varies considerably based on injury severity, case complexity, and whether the parties reach settlement or proceed to trial. Understanding these stages helps you know what to expect and when.

The immediate post-accident phase (first days to weeks) involves emergency medical treatment, accident scene documentation, police reports, initial evidence gathering, notifying your insurance company, and preserving physical evidence. The treatment phase (weeks to months) involves ongoing medical care, diagnostic tests, physical therapy, specialist consultations, documenting your injuries and limitations, and working toward maximum medical improvement.

The pre-litigation phase (typically one to six months after reaching MMI) includes comprehensive case evaluation, calculating total damages, preparing a detailed demand letter, and negotiating with the insurance company. If a fair settlement can't be reached, the litigation phase begins. Filing the complaint must occur within the two-year statute of limitations. The defendant has 30 days to file an answer after being served.

Discovery (typically six to twelve months) involves written discovery through interrogatories and document requests, depositions of parties, witnesses, and experts, independent medical examinations if the defense requests one, and expert witness disclosures. Settlement discussions typically continue throughout this phase, often through formal mediation. The pre-trial phase includes mandatory settlement conferences, motions in limine to exclude certain evidence, and final trial preparation. Trial itself (if necessary) involves jury selection, opening statements, presentation of evidence and witness testimony, closing arguments, and the jury verdict. Post-trial may include appeals and judgment collection. Most cases settle before reaching trial, often during or after discovery, but being fully prepared for each milestone strengthens your negotiating position throughout.