What is the statute of limitations for filing a personal injury lawsuit in California, and how is the deadline calculated?

In California, you generally have two years from the date of your injury to file a personal injury lawsuit. Here is how to determine and meet your specific deadline. Step 1: Identify the Date of Injury Your deadline calculation starts on the day you were injured. Pinpoint this exact date, as it is the starting point for the statute of limitations "clock." Step 2: Determine Who Caused Your Injury You must identify whether the responsible party is a private individual or company, or a government entity (like a city, county, or state agency). The deadlines are drastically different for each. Step 3: File a Government Claim if Applicable If a government entity or employee is responsible, you must first file a formal administrative claim with that specific agency. Under the California Tort Claims Act, this claim must be presented within six months of the date of your injury. Missing this initial six-month deadline will likely prevent you from ever filing a lawsuit. Step 4: Calculate and Meet the Lawsuit Deadline For injuries caused by a private party, you must file your lawsuit in the correct California Superior Court within two years of the incident. If you filed a government claim, you must wait for the government to respond (or for 45 days to pass) before you can file a lawsuit, which typically must be filed within six months of the claim rejection. Important details and nuances: In some cases, the "discovery rule" may apply. This rule states that the deadline clock does not start until you discover, or reasonably should have discovered, your injury and its cause. This is common in cases like medical malpractice. The statute of limitations for a minor does not typically start until the minor turns 18. Warnings and limitations: Failing to file your lawsuit before the statute of limitations expires will almost certainly result in your case being dismissed, permanently barring you from recovering any compensation. The six-month deadline for government claims is extremely strict and has very few exceptions. This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney to ensure your rights are protected.