California injury rights, deadlines, and help

This page covers California injury deadlines and what to do right now.

Are you in an emergency right now?

• Check yourself and others for injuries, breathing, and bleeding.
• Call 911 if anyone is hurt or the road is not safe.
• Move away from traffic if you can do it safely.
• Get medical care even if you feel fine. Some injuries hide for days.
• This page is for after you are safe.

We are the injured person's advocate. We connect you with a lawyer who handles cases like yours. Always free. Talk to an advocate. We usually reply within minutes, at most one business day.

The deadline box: California's key time limits

California's general clock is 2 years, but two much shorter clocks hide inside the system: the government claim rule and the workers compensation claim deadline.

• Personal injury lawsuit: 2 years. Under Cal. Code Civ. Proc. § 335.1, most injury lawsuits must be filed within 2 years. This is the statute of limitations (the legal deadline to file a lawsuit). (Source)
• Work injury, report to your employer: 30 days. Under Cal. Lab. Code § 5400, you must give your employer notice of the injury within 30 days. Report in writing and keep a copy. (Source)
• Work injury, file the claim: 1 year. Under Cal. Lab. Code § 5405, a workers compensation claim (the state system that pays for work injuries) is generally due within 1 year from the date of injury, or from the last benefit payment or medical treatment the employer furnished, whichever is later. One year is short. (Source)
• Injury involving the government: 6 months. Under Cal. Gov. Code § 911.2, a claim for personal injury or death against a public entity (a city, county, school district, or state agency) must be presented within 6 months. This is the deadline that surprises the most people. (Source)

Warning: don't wait! California's 2-year injury clock is a trap, especially with the 6-month government claim rule and the 1-year workers comp deadline hiding underneath it, so people wait, and waiting kills cases. The longer you wait, the fuzzier memories get and documents get lost. Collect and save what you can, then talk to an advocate immediately. And important: medical claims against doctors or hospitals can have different, often shorter deadlines. Do not assume the standard rule covers a hospital or doctor case.

Protect your case

1. Talk to an advocate at WeHelpInjured. It is free.
2. If it happened at work, give your employer written notice today and ask for the claim form (DWC-1). Keep copies of both.
3. Write down what happened while it is fresh: date, time, place, people, and conditions.
4. Take photos of the scene, your injuries, and anything involved (a vehicle, a floor, a machine, a dog).
5. Get names and contact information for witnesses.
6. Note who owns the place where you were hurt. A city bus, a county road, a public school, a state building: if any government body is involved, the 6-month clock is already running.

Never do these

• Never give a recorded statement to an insurance company, even your own. Talk to an advocate first.
• Never sign a release or accept a first settlement offer before you talk to an advocate. Once you sign, you may not be able to undo it.
• Never admit fault at the scene. Stick to facts only.
• Never post about your injury or recovery on social media. Insurers use these posts against you.

Common situations in California

Hurt at work. California's system pays medical costs and part of your wages, but it runs on two clocks: the 30-day report and the 1-year claim. People who wait to "see if it heals" are the ones the 1-year deadline catches. Report every injury, even a small one, and get the claim form moving.

Hurt on the road. California uses pure comparative negligence (a rule that reduces your recovery by your share of fault instead of blocking it). The California Supreme Court adopted it in Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975), so it comes from court decisions rather than a statute. Your damages shrink by your percentage of fault, but some fault does not erase your claim.

The other side's insurer still profits from every point of fault it can shift onto you, so early photos and witness names protect your recovery.

Hurt on someone's property. Falls and unsafe conditions follow the 2-year lawsuit clock, unless the property is public, in which case the 6-month claim rule applies first.

For dog bites, under Cal. Civ. Code § 3342, the owner is liable for a bite in a public place or while you are lawfully in a private place, even if the dog never bit anyone before. (Source)

A true story: the widow whose lawyer vanished

In 2008, Linda Patow hired California attorney Phillip Heeger after her husband, a longshoreman for over 40 years, died of lung cancer. Heeger was supposed to handle three claims, including a federal workers compensation death-benefits claim. He had no experience in that type of case, quietly abandoned the claim by late 2010, and never told her. The judge issued three orders that Heeger ignored, then moved to dismiss the claim for failure to prosecute. Patow had to write to the judge herself to keep her case alive and find a new lawyer. Heeger also took at least $12,135 of her settlement money from a related claim. He was disbarred, and the court ordered restitution of $20,249.40 plus interest. (Source: State Bar Court of California)

The lesson is not "do not hire a lawyer." It is: choose carefully, and stay informed. If your lawyer goes silent, check your case status with the court directly. Talk to an advocate if you are not sure who to trust.

Talk to an advocate. You do not have to sort out deadlines and lawyers alone.

What we can help with

We are on your side, and our help is free to injured people. We can help you:

• Understand which California deadlines apply to your situation
• Understand why a written work-injury report and claim form, filed today, matters
• Spot the 6-month government claim trap before it closes
• Know what records, photos, and timeline details to keep
• Connect with a lawyer who handles cases like yours

We do not give legal advice, and we never take money from injured people. We explain your rights in plain language and help you connect with a lawyer who handles cases like yours.

Talk to an advocate

If you or someone you love was hurt in California, you do not have to sort this out alone.

Talk to an advocate. It is free and private, and it only takes a few minutes.

Sources

• Cal. Code Civ. Proc. § 335.1 (personal injury time limit)
• Cal. Lab. Code § 5400 (workers comp notice)
• Cal. Lab. Code § 5405 (workers comp claim deadline)
• Cal. Gov. Code § 911.2 (government claim deadline)
• Cal. Civ. Code § 3342 (dog bite statute)

Last reviewed: 2026-08-17

This is general information, not legal advice. Deadlines can change or vary with the facts. A licensed attorney can confirm the rule for your situation.