Written by Ted H. Ravan, Managing Attorney, Ravan Law PC. Last reviewed 12th August 2026.
Almost every injury claim in California has a deadline. Miss it and the case is over, no matter how strong it was. Most people know the two-year rule. The deadline that actually ends cases is six months, and it applies whenever a city, county, school district, transit agency, or state department may share responsibility.
Below are the deadlines that come up most often, with the statute behind each. This is general information, not legal advice, and your deadline depends on the facts of your case.
California injury deadlines at a glance
| Type of claim | Deadline | Statute |
|---|---|---|
| Claim against a city, county, or state agency (injury or death) | 6 months to present a written claim | Gov. Code 911.2(a) |
| Lawsuit after a written rejection is served | 6 months from service | Gov. Code 945.6(a)(1) |
| Lawsuit where no written rejection is served | 2 years from accrual | Gov. Code 945.6(a)(2) |
| Personal injury and wrongful death (no public entity) | 2 years | CCP 335.1 |
| Medical malpractice | 3 years from injury or 1 year from discovery, whichever is first | CCP 340.5 |
| Notice of intent to sue a healthcare provider | 90 days before filing | CCP 364 |
| Uninsured motorist claim | 2 years from the accident | Ins. Code 11580.2(i)(1) |
| Bringing a filed case to trial | 5 years from filing | CCP 583.310 |
Start here: was a government agency involved?
Ask this first. It changes everything about your timeline.
It is also where this firm started. Ted’s grandfather was seriously injured in an incident involving a city-operated bus, and the family found out how short and unforgiving those deadlines are. Claims against public agencies have been a focus ever since.
Public entities are involved more often than people expect:
- A collision with an LA Metro bus, a city or county vehicle, or a police car
- A trip or fall on a public sidewalk, in a city or county park, or in a public building
- A pothole, missing sign, or dangerous road condition on a city, county, or Caltrans road
- A collision with a public works or municipal truck
- An injury at an LAUSD school, a community college, or a state university
- An injury at a Metro station or on a platform
- Treatment at a county hospital or public clinic
If a public entity may share responsibility, the California Government Claims Act applies and you cannot go straight to court.
Step one: present a written claim within six months
For injury or death caused by a California public entity, a written claim must be presented to that entity within six months of the date the cause of action accrues, usually the date of injury. Other claims get one year. (Gov. Code 911.2(a).)
The claim must contain specific information: your name and address, the date, place and circumstances, a description of the loss, and the employees involved if known (Gov. Code 910). A claim missing required content can be returned as insufficient under section 910.8, which burns time you may not have.
Filing with the right body matters as much as the timing. For the City of Los Angeles, claims can only go to the Office of the City Clerk. The City Attorney’s Office cannot accept one. In LA County a single intersection can involve the City, the County, Metro, and Caltrans, and a claim sent to the wrong agency does not stop the clock.
Step two: the agency has 45 days
Once presented, the entity has 45 days to act. If it does nothing, the claim is deemed rejected by operation of law on the last day of that period. (Gov. Code 912.4.) You can then sue without ever receiving a rejection letter. The 45 days can be extended only by written agreement.
Step three: the deadline to sue depends on what the agency did
This is where cases are lost. Under Government Code 945.6:
- If a written rejection complying with section 913 is served, you have six months from the date it was personally delivered or mailed. From service, not from when you opened it.
- If no complying notice is ever served, you have two years from accrual.
The trap is in the second rule. An agency can serve a rejection after the 45 days have already run, and a six-month clock starts from that late notice even though the claim was already deemed rejected. A two-year window can shrink to six months because of one letter. Calendar every piece of agency correspondence the day it arrives.
Note also that presenting a government claim does not pause the ordinary two-year statute of limitations. Both run at once.
If the six months has passed
This is not automatically the end. You can apply in writing for permission to present a late claim, within a reasonable time and no more than one year after accrual. (Gov. Code 911.4(b).) Courts treat the one-year outside limit as absolute.
The entity must grant the application on defined grounds, including mistake, inadvertence, surprise or excusable neglect, minority during the entire six-month period, physical or mental incapacity, or death (Gov. Code 911.6(b)). If it does not act within 45 days, the application is deemed denied.
If denied, one step remains: a petition to the superior court for relief, filed within six months of the denial (Gov. Code 946.6). Courts apply excusable neglect strictly, and not knowing the deadline existed is generally not enough.
If your six months has passed, that is a reason to call today, not a reason to assume nothing can be done.
Where no government agency is involved
Personal injury and wrongful death: two years
Most California injury claims, including car accidents, rideshare collisions, falls on private property, dog bites, and wrongful death, must be filed within two years of the date of injury or death. (CCP 335.1.) Do not treat this as a safety net when a public entity is involved. The six-month claim requirement applies on top and comes first.
Medical malpractice: three years or one year, whichever first
A medical negligence claim must be filed within three years of the injury, or one year from when it was discovered or reasonably should have been, whichever comes first. (CCP 340.5.) The three-year limit extends only for fraud, intentional concealment, or a non-therapeutic foreign object left in the body.
For children the rules are tighter than most expect. A minor’s claim must generally be brought within three years of the wrongful act. For a child under six at the time of injury, it is three years or before the eighth birthday, whichever is longer. There is no waiting until eighteen.
You must also give the provider at least 90 days’ notice before filing (CCP 364). Notice served in the last 90 days of the period extends it by 90 days from service, but only on an original properly served notice, and it will not revive an expired claim.
Uninsured motorist: two years, and no extension for children
Against your own uninsured motorist coverage, no cause of action accrues unless one of three things happens within two years of the accident: suit is filed against the uninsured driver, an agreement on the amount owed is reached, or you formally institute arbitration by written notice to the insurer sent by certified mail, return receipt requested. (Ins. Code 11580.2(i)(1).)
Two points end claims here. An email or call to an adjuster asking to arbitrate is generally not enough; the demand must be formal and in the manner the statute and policy require. And this two-year period is not extended for minors. A child hit by an uninsured driver can lose the claim years before turning eighteen, usually without anyone noticing. Once instituted, arbitration must conclude within five years (section 11580.2(i)(2)).
Underinsured motorist: a different clock
Underinsured benefits are not payable until the at-fault driver’s liability limits are exhausted and proof is given to your insurer (Ins. Code 11580.2(p)(3)), so the two-year rule does not apply the same way. Move promptly once the underlying claim resolves, since delay can waive the right to arbitrate.
Five years to reach trial
Filing on time is not the last deadline. A filed case must be brought to trial within five years, and dismissal is mandatory if it is not. (CCP 583.310, 583.360.) A case is brought to trial when the jury is sworn, or the first witness in a bench trial.
When deadlines pause, and when they do not
For most injury claims the clock does not run against a child until their eighteenth birthday, typically giving them until age twenty (CCP 352(a)).
The critical exception: that tolling does not apply to public entity claims. CCP 352(b) expressly excludes actions against a public entity or public employee where a claim is required. A child hit by a city bus is still on the six-month deadline, and the route is a late-claim application with minority as a mandatory ground under Government Code 911.6(b).
Minority also does not extend the uninsured motorist deadline, and malpractice has its own shorter rules for children. Never assume a deadline is paused without confirming it.
Frequently asked questions
How long do I have to sue the City of Los Angeles for an injury?
Present a written claim to the Los Angeles City Clerk within six months of the injury. The City then has 45 days to act. If it serves a written rejection, you have six months from the date it was mailed or delivered. If it never serves one, you have two years from the injury.
What if I missed the six-month government claim deadline?
You can apply in writing for permission to present a late claim, but only within one year of the injury. If the agency denies it or does not act within 45 days, you can petition the superior court within six months of that denial. Past one year from injury, relief is generally unavailable.
Does my child have until they turn 18 to file?
For most injury claims, yes. Three exceptions: public entity claims are not tolled for minors and still carry the six-month deadline; uninsured motorist claims carry a hard two-year deadline regardless of age; and medical malpractice has its own shorter rules for children.
Does filing a government claim pause the two-year statute of limitations?
No. Both run at the same time.
How do I know which agency to file against?
It depends on who owned or maintained the property, vehicle, or operation. In Los Angeles one street corner can involve the City, the County, Metro, and Caltrans. A claim to the wrong agency does not satisfy the requirement and does not stop the clock.
What to do now
If any public agency may have been involved, treat your deadline as six months and act now. Even without an agency, video is overwritten and evidence disappears long before two years is up.
Ravan Law handles claims against cities, counties, transit agencies, and school districts alongside the full range of personal injury work. Consultations are free and you pay nothing until we win. We speak English and Spanish.
Ravan Law PC, 6310 San Vicente Blvd, Suite 401, Los Angeles, CA 90048. (424) 465-2500.
Disclaimer. This page is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship with Ravan Law PC. Deadlines depend on the facts of your case, and exceptions and shorter deadlines may apply. If a deadline may be approaching, contact an attorney right away.
