Understanding Deadlines for Personal Injury Claims in California

After an accident, it’s natural to focus on healing, keeping up with medical appointments, and getting back to normal life. But even during recovery, it’s important to be aware that California law generally limits the time to file a personal injury lawsuit to two years from the date of the injury, although the deadline is shorter for claims involving a government entity. It may seem like you have plenty of time to decide whether to take action or not, but waiting too long to reach out for legal help can make it harder to protect your rights if key deadlines are missed.

When an Injury Involves a Government Agency

Not every personal injury lawsuit follows the two-year rule. If a government agency or employee is involved, the process changes, and the time frame to act can be as short as six months. Missing that shorter deadline can mean losing your right to pursue compensation. A government’s involvement in an incident isn’t always obvious. Many claims arise from traffic accidents involving government vehicles, falls or injuries on public property, or accidents during public events organized or permitted by a city, county, or state agency.

These are all examples of situations where a government claim may apply, and where strict deadlines make timely action especially important.

Filing a Claim Against a City, County, or State Agency

When an injury involves a state or local government, such as a city, county, or school district, the process for pursuing compensation works differently than it does for private individuals or businesses. These situations fall under what’s known as a government tort claim, which has its own set of strict rules and shorter filing deadlines.

If you were injured on public property or by someone working for a government agency, you generally have six months from the date of the incident to file a claim directly with that agency. Once your claim is submitted:

• The agency reviews the claim and decides whether to accept or deny it.
  

• If the claim is approved, the agency may offer a settlement.
  

• If the claim is denied, you have six months from the date the denial notice was mailed to file a lawsuit in court.
  

• If the government agency does not respond within 45 days, you have two years from the date of the injury to file your lawsuit.
  

That six-month window is firm. Missing it can mean permanently losing your chance to seek compensation, even if your case would otherwise be valid. Because the rules are so specific, it’s important to act early and connect with someone who can ensure the process is handled properly.

Filing a Claim Against the Federal Government

When an injury involves the U.S. federal government or one of its employees, the process follows a separate set of rules under what’s known as a federal tort claim. These claims work much like those involving state or local governments, but the timelines are different.

• You have two years from the date of the incident to file an administrative claim with the appropriate federal agency.
  

• If that claim is denied, you then have six months to file a lawsuit in federal court.
  

The deadlines in federal claims leave little room for delay. Even if you’re still focused on recovery, taking early steps to start the process can make all the difference in preserving your right to compensation.

Why Timing and Guidance Matter

Determining whether a government agency is involved isn’t always straightforward. What seems like a typical accident, a roadway hazard, a public building, or a city-run event, may actually involve a government entity. Getting an early review of your situation helps identify who may be responsible and ensures that important deadlines aren’t missed.

What You Can Do Right Now

After an accident, it’s easy to feel uncertain about what to do next, especially if you’re still focused on recovery. A few early actions can help protect your options down the line and give you a clearer picture of what comes next if your situation involves a private individual or a government agency:

• Get medical care and follow through with recommended treatment, even if you start feeling better.
  

• Take photos of the scene, your injuries, and anything that might help explain what happened.
  

• Write down key details while they’re fresh - dates, names, and locations can be easy to forget over time.
  

• File a police or incident report, if one hasn’t already been made.
  

• Talk with an attorney early to understand which deadlines and procedures might apply to your case.
  

Moving Forward After an Accident

Recovery after an injury can take time, both physically and emotionally. Focusing on your health is the most important first step, but understanding your options early can make a real difference, especially if a government agency or employee may be involved.

At Gomerman | Bourn & Associates, we know how stressful it can be to juggle recovery, medical care, and uncertainty about what comes next. Our team takes on the legal details so you can focus on what matters most,  getting better and moving forward with peace of mind.

If you were injured in an accident and have questions about a potential claim, we’re here to help guide you through the next steps. Contact us for a  FREE consultation, call (888) 855-2505 or email info@gobolaw.com.