Civil LawMarch 12, 2026· 8 min read

California Filing Deadlines: How Long Do You Actually Have to Sue?

Miss your filing deadline by even one day and your case is gone forever. It does not matter how strong your evidence is or how clear the other side's wrongdoing was. The court will dismiss it. This is why understanding statutes of limitations matters so much before you assume you still have time.

The Deadlines That Affect Most Californians

Personal injury cases carry a two year deadline. This covers car accidents, slip and falls, dog bites, and any situation where someone's negligence caused you harm. Written contracts have a four year window. Oral contracts are shorter at two years. Property damage follows a three year rule. Fraud is also three years but the clock starts when you discovered or reasonably should have discovered the fraud.

Medical malpractice has its own timeline. You must file within three years of the injury or within one year of discovering it, whichever comes first. Wrongful death claims must be filed within two years of the date of death, not the date of the incident.

The Government Claims Trap

If you want to sue a California government agency, city, county, or state body, you must file an administrative claim within just six months of the incident. Not a lawsuit. A claim form. Miss this step and you cannot sue at all. Six months passes quickly when you are dealing with injuries and insurance companies, and this rule catches a surprising number of people off guard.

When the Clock Pauses

If the injured person was a minor when the harm occurred, the deadline pauses until they turn 18. The discovery rule applies in cases involving toxic exposure, latent injuries, or harm that was deliberately concealed. In these situations the clock starts when you discovered or should have discovered the harm.

Do Not Wait Until the Last Minute

Cases get harder to build as time passes. Witnesses forget things. Documents get lost. Even if you still have time, waiting until the final weeks puts you in a much weaker position. If you are close to a deadline, contact a California attorney immediately. Many offer free consultations and can move quickly when needed.

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⚠️ Important Disclaimer

USLegalCalc.com provides estimates and document templates for informational and educational purposes only. Our tools are not a substitute for professional legal advice. Results vary by jurisdiction. Always consult a licensed attorney before making legal decisions.

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