California injury rights, deadlines, and help

If you were hurt in California, you probably want one answer first: how long do I have to act? This page gives you California's main injury deadlines, what to do right now, and where free help is.

We are the injured person's advocate. Our help is always free to you.

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)

One more caution. Medical claims against doctors or hospitals can run on different, often shorter deadlines. Do not assume the 2-year rule covers a hospital or doctor case.

What to do first

1. Get medical care now. Your health comes first, and the records also document your injury.
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. Do not sign anything from an insurance company before you understand your full costs.
7. 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.

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, because silence can mean your claim is dying. That is exactly the kind of thing an advocate can help you watch for.

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
• Get your work-injury report and claim form done correctly, today
• Spot the 6-month government claim trap before it closes
• Organize your records, photos, and timeline
• Find the right next step: medical care, therapy, state benefits, or a licensed attorney when your case needs one
• Prepare questions to ask before you hire any lawyer, including how to check a lawyer's discipline record

We do not give legal advice, and we never take money from injured people. We explain your rights in plain language and connect you with licensed help when you need it.

Tell us what happened

If you or someone you love was hurt in California, you do not have to sort this out alone. Tell us what happened. It is free, private, and there is no pressure.

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: 2026-08-16

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.