Blog

The General Rule: California Code of Civil Procedure Section 335.1

To answer the primary question of how long do you have to file a personal injury claim, we must look first at the baseline law. Under California Code of Civil Procedure Section 335.1, the standard statute of limitations for personal injury claims is two years from the date of the injury.

This two-year window applies to most negligence-based accidents, including:

• Car, truck, and motorcycle accidents
• Slip-and-fall incidents on private property (like a neighbor’s home or a private business)
• Dog bites and animal attacks
• Product liability cases (defective products)
• Assault and battery (civil claims)

Why Two Years Isn’t as Long as You Think

Two years may sound like ample time, but in the legal world, it passes in the blink of an eye. Building a robust case requires gathering evidence, interviewing witnesses, waiting for medical conditions to stabilize (so we know the full value of the claim), and negotiating with insurance adjusters.

If you are still treating for your injuries 18 months after the accident, you are dangerously close to the deadline. Filing a lawsuit is not a simple form you submit online; it requires drafting a formal complaint and filing it with the Orange County Superior Court. If this paperwork is not time-stamped by the court clerk before the two-year anniversary of your accident, the defense will file a “demurrer” or a motion to dismiss, and the judge will be required by law to throw your case out.

Property Damage Exception

It is important to note a distinction often confused by clients. While you have two years for bodily injury, California Code of Civil Procedure Section 338 allows three years to file a claim for property damage.

This means if your car was totaled in a crash but you weren’t hurt, you have an extra year to sue for the vehicle’s value. However, we strongly advise against waiting. Evidence of vehicle damage is crucial for proving the severity of impact in injury claims, so handling both aspects simultaneously is the strategic “Unit Approach” we prefer at Katnik & Katnik Lawyers.

The “Rule of Six”: How Long Do You Have to File a Personal Injury Claim Against the City of Santa Ana?

The most dangerous trap in California personal injury law involves accidents caused by government entities. If your injury occurred on public property or was caused by a public employee, the standard two-year rule does not apply. Instead, you are governed by the strict provisions of the California Government Code Section 911.2.

When asking how long do you have to file a personal injury claim against a government body, the answer is a shocking six months.

Who Does This Apply To?

This “Rule of Six” applies to a wide range of potential defendants in Orange County:

• The City of Santa Ana: Tripping on a cracked city sidewalk or being hit by a city maintenance truck.
• Orange County: Slipping in a county building like the Civic Center or being injured in a county park.
• The State of California (Caltrans): Accidents caused by dangerous highway conditions on state freeways like the I-5 or SR-55.
• Public Schools and Districts: Injuries occurring on public school grounds due to negligence.
• Public Transit: Accidents involving OCTA buses or Metrolink trains.

The Administrative Claim Requirement

Before you can file a lawsuit in court against the government, you must first file a formal administrative claim with the specific agency responsible. For example, if you trip on a sidewalk in Santa Ana, you must file a claim form with the Santa Ana City Clerk.

This claim must include specific details: the date, place, and circumstances of the occurrence; a general description of the injury; the name of the public employee causing the injury (if known); and the amount of damages claimed.

What Happens If You Miss the 6-Month Deadline?

If you miss this six-month window, your claim is usually barred. There is a limited “late claim relief” application you can file within one year of the accident, but you must have a valid legal excuse (like physical incapacitation). “I didn’t know the law” is almost never accepted as a valid excuse. This is why contacting a lawyer immediately after an accident on public property is vital. At Katnik & Katnik, we “scout” the location immediately to determine ownership. If we see a city seal or public signage, our internal alarm bells ring, and we move to file the government claim within weeks, not months.

2026 Exceptions: When the Statute of Limitations Clock Pauses (Tolling)

While the deadlines are strict, the law recognizes that sometimes it is impossible or unfair to expect a victim to file a claim immediately. In these specific scenarios, the statute of limitations “clock” is paused. This legal concept is called tolling.

However, relying on tolling is risky. It is always safer to file early than to argue later that you were entitled to an extension. Here are the primary tolling exceptions relevant in 2026.

The Minor Child Exception (C.C.P. 352)

If a child under the age of 18 is injured, they legally cannot file a lawsuit themselves. Therefore, the law tolls the statute of limitations until they reach adulthood.

• The Rule: The two-year clock does not start ticking until the child’s 18th birthday.
• The Deadline: The victim has until their 20th birthday to file a personal injury lawsuit.

Warning for Parents: While the child’s injury claim is tolled, the parents’ claim for medical bills they paid on behalf of the child is NOT tolled. The parents’ claim for reimbursement is usually subject to the standard two-year rule. If you wait until your child is 19 to sue, you may recover for their pain and suffering, but you might be barred from recovering the $50,000 you paid in hospital bills years ago.

Mental Incapacitation

If the accident caused such severe trauma that the victim is mentally legally incompetent (in a coma or suffering severe cognitive impairment), the statute of limitations is tolled for the duration of that incapacity. Once the individual recovers competence, the clock starts.

The Defendant Leaves the State

If the person who injured you flees California to avoid being served with a lawsuit, the time they are absent from the state does not count toward the two-year limit. We must prove to the court that they were absent, which can require significant investigative resources.

The Discovery Rule: Delayed Manifestation of Injury

In some cases, you may not know you were injured immediately. This is common in exposure cases (like toxic mold or chemical exposure) where symptoms appear years later. Under the “Discovery Rule,” the statute of limitations begins when the plaintiff knows, or reasonably should have known, about the injury and its wrongful cause.

However, do not assume this applies to a car accident where your back starts hurting three months later. Courts generally expect you to know you were injured in a collision immediately. The Discovery Rule is a narrow exception, not a broad safety net.

Specialty Deadlines: Medical Malpractice and Sexual Abuse in 2026

Certain types of injury cases have their own unique set of rules that supersede the general two-year limit. Two of the most critical areas in 2026 are medical malpractice and sexual abuse claims.

Medical Malpractice: The 2026 MICRA Landscape

Medical malpractice laws in California are governed by MICRA (Medical Injury Compensation Reform Act). The statute of limitations for filing a medical malpractice claim is complex. You must file one year from the date you discovered (or should have discovered) the injury, OR three years from the date the injury occurred—whichever comes first.

Example: A surgeon leaves a sponge inside you in 2023. You don’t feel pain until 2027. Even though you just “discovered” it, the three-year outer limit (statute of repose) may bar your claim unless specific exceptions apply (like fraud or intentional concealment).

2026 Financial Updates:
It is also vital to understand the financial caps if you are filing in 2026. The long-standing, unfair cap on non-economic damages (pain and suffering) has been increased.

• Non-Fatal Malpractice Cases: The 2026 cap for non-economic damages is $470,000.
• Wrongful Death Malpractice Cases: The 2026 cap for non-economic damages is $650,000.

These caps increase annually, so filing in the correct year matters. Katnik & Katnik Lawyers meticulously calculate these damages to ensure you receive the maximum allowed under the new law.

The “Death” of SB 447: A Crucial 2026 Change

For a brief period, California Senate Bill 447 allowed the estates of deceased plaintiffs to recover damages for the pain and suffering the victim endured before they died. This was a temporary expansion of rights.
Critical Update: As of January 1, 2026, SB 447 has expired.
If a lawsuit is filed now for a “survival action” (a claim continued after the plaintiff dies), the estate generally cannot recover damages for the decedent’s pre-death pain and suffering. This reversion to the old rule significantly lowers the potential value of cases where the victim dies from causes unrelated to the accident during the lawsuit. This makes speed even more essential—we must strive to resolve cases or obtain judgments while our clients are still with us.

Why Katnik & Katnik Lawyers Start the “Scouting Report” on Day One

At Katnik & Katnik Lawyers, we approach personal injury law with a philosophy honed over three generations: The Unit Approach. Just as a football team has specialized units for offense, defense, and special teams, our firm operates with specialized focus to ensure no detail is missed.

When a client asks, “How long do you have to file a personal injury claim?”, we don’t just give a generic answer. We launch a “Scouting Report” on the statute of limitations immediately.

Scouting the Opponent (The Defendant)

Our first step is identifying exactly who the opponent is. Is it a private citizen? A corporation? Or a government entity?

• If we scout the location and see a “City of Santa Ana” maintenance vehicle involved, we immediately flag the file for the 6-month deadline.
• If we identify the driver as a minor, we scout the parents’ liability.
• If the defendant is a medical professional, we immediately pivot to the 1-year MICRA deadline.

The Two-Minute Drill

In football, the two-minute drill is a high-pressure strategy to score before the clock runs out. In law, waiting until the last minute is dangerous malpractice. We aim to file well before any deadline approaches. Filing early provides strategic advantages:

1. Preservation of Evidence: Surveillance footage is overwritten; witnesses move away. Filing suit allows us to subpoena evidence before it vanishes.
2. Pressure on Insurers: Insurance companies drag their feet hoping you miss a deadline. Filing a lawsuit signals that we are ready for trial, often triggering more serious settlement offers.
3. Avoiding Clerk Errors: If you file on the very last day and the court clerk rejects the filing due to a formatting error, you could be time-barred. We never take that risk.

Our “Unit Approach” ensures that your case is constantly moving down the field. We track every statutory deadline in a centralized system with redundant backups, ensuring that the clock never runs out on your rights.

Frequently Asked Questions About California Filing Deadlines

1. Can I file a claim without a lawyer to “stop the clock”?
Technically, yes, you can file a complaint Pro Per (representing yourself) to preserve the statute of limitations. However, drafting a legally sufficient complaint is difficult. If you fail to name the correct defendants or assert the right causes of action, your case could still be dismissed. It is far safer to hire an attorney who can file a proper complaint immediately.

2. What if I was in a coma for six months after the accident?
This scenario falls under the “tolling” for mental incapacity. The time you were in a coma typically does not count toward the two-year limit. However, once you regain consciousness and competency, the clock resumes. You must act quickly upon recovery.

3. Does the deadline change if I’m negotiating with the insurance company?
No. This is a common and fatal mistake. Negotiating with an insurance adjuster does not pause the statute of limitations. Adjusters will often be very friendly and drag out negotiations right up until the two-year mark passes. Once that date hits, they will stop returning your calls because they no longer have to pay you anything. You must file a lawsuit before the deadline, even if negotiations are ongoing.

4. What if I didn’t know the other driver was a government employee?
Ignorance of the defendant’s status is rarely a valid excuse for missing the 6-month government claim deadline. The law places the burden on you to investigate. This is why our “Scouting Report” is so vital—we investigate the defendant’s employment status and vehicle registration immediately to catch these hidden government claims.

5. How long do I have for a wrongful death claim?
For wrongful death, the statute of limitations is two years from the date of death, not necessarily the date of the accident. If a victim is injured in a crash and lingers in the hospital for six months before passing away, the family has two years from the date they passed to file the wrongful death suit. Note that the 2026 expiration of SB 447 affects what damages can be recovered, but not the filing deadline itself.

6. Is the deadline different for workers’ compensation?
Yes. If you were injured on the job, you generally have one year from the date of injury to file a workers’ compensation claim application with the WCAB. However, you may also have a “third-party” personal injury claim (e.g., a delivery driver hit by a drunk driver). The third-party claim follows the two-year rule. We handle the coordination between these two distinct systems.

Conclusion: Secure Your Claim Before Time Runs Out

Knowing how long you have to file a personal injury claim is the first step in protecting your future. But knowledge alone is not enough—you need action. The legal landscape of 2026 is filled with strict deadlines, complex exceptions like the MICRA caps, and procedural traps like Government Code 911.2. A single missed date can result in the complete forfeiture of your right to compensation for medical bills, lost wages, and pain and suffering.

You do not have to watch the clock alone. At Katnik & Katnik Lawyers, we have spent 65 years mastering the clock management of legal claims. We understand the nuances of the Orange County Superior Court and the specific requirements of local entities like the City of Santa Ana. Our family-driven “Unit Approach” ensures that your case is scouted, prepped, and filed with precision, leaving nothing to chance.

We serve our clients with the empathy and professionalism that only a firm with deep community roots can provide. We know that you are likely dealing with physical pain and financial stress. Let us carry the legal burden. We will ensure that every deadline is met and every opportunity for recovery is seized.

Do not let the statute of limitations become the final verdict on your injury. The clock is ticking, but we are ready to step in and stop it. Contact us today for a free, confidential consultation. Call Katnik & Katnik Lawyers at 714-547-0848. Let our experience be your advantage.