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Legal Basics

California Statutes of Limitations: How Long You Have to File

7 min read·Updated August 2026

A statute of limitations is the legal deadline for filing a lawsuit. In California, if you wait too long, the court will almost always dismiss the case — even if you were clearly wronged. Because these deadlines are unforgiving and vary by the type of claim, understanding them early can be the difference between having a case and having none. Here are the most common California time limits and the situations that can shorten or extend them.

Personal injury and wrongful death

For most personal injury claims in California — car accidents, slip-and-falls, and similar — you generally have two years from the date of the injury to file a lawsuit. Wrongful death claims also generally run two years, measured from the date of death.

Two years can feel like plenty of time, but evidence disappears and memories fade quickly, so most attorneys advise acting long before the deadline.

Claims against a government agency — the six-month trap

If your injury involves a city, county, or state entity — say, a crash with a government vehicle or a fall on public property — a special, much shorter rule applies. Under the California Government Claims Act you usually must file a formal claim with the agency within six months, well before any lawsuit.

Miss that six-month window and you can lose the right to sue the government entirely. This is one of the most common ways valid claims die, so if a public entity may be involved, treat the clock as urgent.

Contracts, property, and other common claims

Deadlines vary by claim type. As general guidance in California: written contracts are typically four years, oral contracts two years, property damage three years, and fraud three years (often measured from when you discovered it).

Because the right category is not always obvious — and a single dispute can involve several — pinning down which deadline applies is itself a reason to talk to an attorney early.

What can pause or extend the clock

Some situations “toll” (pause) the deadline. For example, the clock is often paused for injured minors until they turn 18, and “discovery” rules can delay the start when a harm was not immediately knowable, as with some medical or fraud cases.

These exceptions are narrow and heavily litigated. Never assume one applies to you without confirming it — assuming you have more time than you do is exactly how people miss their window.

The safe move

Deadlines are strict, they differ by claim, and the exceptions are technical. The reliable strategy is simple: talk to a lawyer as soon as you think you might have a claim, not as the deadline approaches. Most personal injury attorneys will assess your timeline for free.

This guide is general information, not legal advice, and limitation periods can change or vary with the facts. Confirm your specific deadline with a licensed California attorney.

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This guide is general information, not legal advice, and does not create an attorney-client relationship. Laws vary by state and change over time. For guidance on your specific situation, consult a lawyer licensed in your state.