California’s Two-Year Rule, Explained
If you were hurt in an accident in Riverside, you are probably worried about a deadline you did not even know existed until now. California law gives you two years from the date of your injury to file a personal injury lawsuit. Miss that date and the court will almost certainly refuse to hear your case, no matter how clear the other driver’s fault or how serious your injuries.
That two-year window can shrink to just six months if a government vehicle, city road defect, or public agency played a role in your accident, so knowing which rule applies to your situation matters more than most people realize.
At Knez Law Group, our Riverside personal injury lawyers have spent years helping injured clients across Riverside County meet these deadlines and build strong claims. Call us at 951-742-7681 or fill out our confidential contact form to schedule a free consultation before time works against you.
California’s Two-Year Rule, Explained
California Code of Civil Procedure section 335.1 sets the general deadline for personal injury lawsuits at two years from the date of the injury. This covers most of what people think of as accident cases, such as car and motorcycle crashes, slip and falls, dog bites, and wrongful death claims arising from someone else’s carelessness.
The clock usually starts running on the day the accident happened, not the day you finish treatment and not the day an insurance adjuster calls you back (although there are exceptions to this).
Two years sounds like plenty of time. It goes by faster than most people expect once medical appointments, insurance calls, and daily life get in the way.
When You’re Hurt by a Government Agency, the Deadline Is Much Shorter
Riverside residents drive on city streets, county roads, and state highways every day, and sometimes a public entity is the reason someone gets hurt. A truck owned by the county, a bus operated by a local transit agency, or a dangerous pothole the city knew about and never fixed, these are all government responsibilities.
If a government agency caused your injury, you do not get the standard two years. Instead, you must file a formal claim with that agency within six months of the accident under California’s Government Claims Act. Miss this shorter window and you lose your right to sue entirely, regardless of how serious your injuries are.
Because this deadline moves so fast, anyone hurt by a city vehicle or on government property should talk to a personal injury attorney immediately rather than waiting to see how recovery goes.
Exceptions That Can Pause the Clock
A few situations can extend or delay California’s filing deadlines.
- Minor Involved in Accident: If the injured person was a minor at the time of the accident, the two-year clock generally does not start until they turn 18.
- No Immediate & Obvious Injury: When an injury is not immediately obvious, such as a soft tissue injury or the early signs of a spinal condition, California’s discovery rule can delay the deadline until the person reasonably should have discovered both the injury and its cause.
Claims involving a government defendant can sometimes get late-claim relief, but courts grant these exceptions sparingly and only in limited circumstances. None of these exceptions are guaranteed, and none of them should be treated as a reason to put off filing.
What Happens If You Wait Too Long
Once the statute of limitations expires, the at-fault party’s insurance company knows it. Adjusters track these dates closely, and some stall settlement talks, hoping the deadline passes so they never have to pay a fair amount.
If your case does end up filed one day past the deadline, the defense will almost certainly file a motion to dismiss, and courts rarely make exceptions once that argument is raised. Waiting also hurts your case in quieter ways. Physical evidence disappears, security footage gets erased, and witnesses forget details or move away. A claim built on fresh evidence rarely carries the same weight two years later, once memories have faded.
Why You Shouldn’t Wait to Talk to a Riverside Personal Injury Attorney
The deadlines above sound straightforward until you are the one trying to apply them to your own accident.
- Was the pothole on a city street or private property?
- Did your symptoms show up right away or three months later?
- Was the other driver working for a company at the time of the crash?
These details change which statute of limitations applies and how much time you actually have left. A personal injury law firm that handles these questions daily can pin down your deadline quickly and start preserving evidence while it still exists. The sooner a personal injury lawyer reviews your accident, the more options you keep on the table.
Two years feels far away right after an accident, and that is exactly why so many injury claims run into trouble. Medical bills pile up, recovery takes longer than expected, and a deadline that once looked distant suddenly is not.
Contact Us
If a government entity was involved, that window is already down to six months and shrinking daily.
Knez Law Group, LLP has represented injured people throughout Riverside and the Inland Empire for years, and we would like to hear about your accident. Call us at 951-742-7681 or fill out our confidential contact form to schedule a free, no-obligation consultation.
Andrew J. Knez earned his Bachelor of Arts degrees in Political Science and Criminal Justice from California State University, Fullerton. During his college years, he was a member of the Pi Kappa Phi Fraternity and interned at the College Legal Clinic, where he assisted underprivileged communities in obtaining affordable legal services. Mr. Knez credits this experience with fostering his appreciation for the law and its positive impact on society. Additionally, during college, Mr. Knez worked as a paralegal, gaining hands-on experience in civil litigation. Learn more here.