California Personal Injury Law: 2-Year Deadline, 6-Month Claims
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- Most California personal injury lawsuits must be filed within two years (Code of Civil Procedure §335.1).
- California is a pure comparative fault state: your damages are reduced by your share of fault, but you are not barred by it.
- Claims against public entities generally require a written claim within six months (Government Code §911.2), long before the two-year deadline.
- Minimum auto liability limits rose to 30/60/15 on January 1, 2025.
- California has special rules that surprise people, including how non-economic damages are shared among defendants.
Last checked against official sources: October 6, 2026. Laws change, and courts interpret them. Before relying on a deadline or rule, confirm it on your state's official website or with a licensed attorney.
California has the largest population of any state, plus some of the country's busiest roads. Its injury law is generous to injured people in one way, because partial fault does not bar a claim, but strict in another way: claims against government have a very short fuse.
Here is a guide to the main rules, with the statutes they come from. It is educational only and not advice about your case.
California personal injury rules at a glance
| Rule | What it says | Where it comes from |
|---|---|---|
| Filing deadline | Two years for most injury and death claims caused by another's wrongful act or neglect | Code of Civil Procedure §335.1 |
| Government claim | Written claim presented within six months after the claim accrues for injury or death | Government Code §911.2 |
| Fault rule | Pure comparative fault: damages reduced by your percentage, no bar | Case law (Li v. Yellow Cab, 1975); see also Cornell summary |
| Minimum auto liability | $30,000 per person, $60,000 per accident, $15,000 property damage (from Jan. 1, 2025) | SB 1107; Insurance Code and Vehicle Code §16056 |
| Scheduled increase | Rises to $50,000 / $100,000 / $25,000 on January 1, 2035 | SB 1107 |
The two-year deadline
California Code of Civil Procedure Section 335.1 sets a two-year time limit for actions for injury to, or the death of, an individual caused by the wrongful act or neglect of another. That covers most car, truck, slip-and-fall and similar cases. Property damage is treated under a different time limit, and some claims, such as medical negligence, have their own rules. A child's claim may have extra time under tolling rules, but do not count on that without checking.
The six-month government claim
This is the rule that catches people. If a city, county, state agency, public school or other public entity may be responsible, the Government Claims Act applies. Government Code Section 911.2 requires a claim for injury or death to be presented not later than six months after the cause of action accrues. After the entity rejects the claim in writing, there is generally a short window to file a lawsuit, often six months from the date of the rejection notice. If the entity never answers, different timing applies.
Late-claim relief exists in narrow situations, but courts do not grant it easily. If you were hurt on public property or by a public vehicle, treat the six-month period as your real deadline.
Pure comparative fault
California follows pure comparative negligence. A person who is partly at fault can still recover damages, reduced by their percentage of responsibility. Even someone found mostly at fault can recover a smaller share. Compare this with states such as Texas, Florida and Illinois that bar recovery above 50 percent.
Example
Suppose damages are $100,000. If you are 30 percent at fault, a pure comparative rule reduces the award to $70,000. At 80 percent at fault, you could still recover $20,000. Try numbers in our Settlement Range Explainer.
Two California quirks worth knowing
- Shared liability for non-economic damages. Under Civil Code Section 1431.2, each defendant is generally responsible for non-economic damages (such as pain and suffering) only in proportion to its own share of fault, while economic damages can be shared more broadly. This can matter in a case with several defendants.
- Uninsured drivers. California law generally limits an uninsured driver's ability to recover non-economic damages after a crash (Civil Code Section 3333.4). If this might apply to you, ask about it early.
Car insurance in California
The California Department of Insurance explains that Senate Bill 1107 raised the minimum liability limits effective January 1, 2025: $30,000 for bodily injury or death to one person, $60,000 for two or more people and $15,000 for property damage. The limits are scheduled to rise again on January 1, 2035. Before this change, the minimums had been $15,000, $30,000 and $5,000 since 1967.
Remember that these are minimums. If you are hurt by a driver with only the minimum, your own uninsured and underinsured motorist coverage can matter. See our guide to uninsured and underinsured motorist coverage.
Wrongful death in California
Wrongful death claims are governed by Code of Civil Procedure Section 377.60, which lists who may bring the claim, such as a surviving spouse or domestic partner, children and others who depended on the person, depending on the facts. The usual two-year deadline applies to death caused by another's wrongful act, and a government defendant brings the six-month claim rule into play. Read our guide on wrongful death vs. survival claims.
Practical steps
- Get medical care and keep every record.
- Identify who may be responsible. If it is a public entity, find out which one right away.
- Calendar two dates: six months for any government claim and two years for a lawsuit.
- Document the scene with photos. Our slip and fall evidence checklist covers what to save.
- Be careful with statements and early offers.
Frequently asked questions
How long do I have to sue for a personal injury in California?
Generally two years under Code of Civil Procedure §335.1, with exceptions for certain claims and a much shorter period for government claims.
Can I recover if I was partly at fault in California?
Yes. California applies pure comparative fault, so your damages are reduced by your percentage of fault but not barred.
How long do I have to file a claim against a city or state agency?
Generally six months to present a written claim under Government Code §911.2, then a short window to sue after rejection.
What is the minimum car insurance in California in 2025 and later?
$30,000 per person, $60,000 per accident, $15,000 for property damage, effective January 1, 2025.
Sources and references
- California Government Code §911.2, California Legislative Information (leginfo.legislature.ca.gov)
- California Code of Civil Procedure §335.1, California Legislative Information (leginfo.legislature.ca.gov)
- Bulletin on Senate Bill 1107 financial responsibility limits, California Department of Insurance (insurance.ca.gov)
- Comparative negligence, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Statute of limitations, Legal Information Institute, Cornell Law School (law.cornell.edu)
Edited by Mohammed Khalaf, site editor. Written from the official sources listed above. The editor is not an attorney, and this article is not legal advice.
This article is educational and is not legal advice. We are not a law firm and do not refer or recommend lawyers. Laws differ by state and change over time. Read our Legal Disclaimer and Editorial Policy.