California personal injury rules: deadlines, fault and government claims
California applies a two-year general deadline for personal injury lawsuits, a short administrative claim requirement for injury claims against public entities, and pure comparative fault.
These summaries describe the general rule in each cited provision. Deadlines can be shortened, extended or paused by other rules, and the correct deadline depends on the type of claim, the defendant and the facts. If a deadline may be close, speak with a lawyer licensed in California promptly.
Filing deadline: personal injury lawsuits
- Applies to
- Personal injury or wrongful death caused by the wrongful act or neglect of another (private defendants)
- In plain English
- A lawsuit generally must be filed within two years.
- Legal provision
- Cal. Code Civ. Proc. § 335.1
- Official source
- California Legislative Information (opens in a new tab)
- Exceptions
- Different periods or tolling rules can apply, for example to medical negligence claims, claims by minors, and claims against public entities. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
Government claims: presentation deadline
- Applies to
- Claims for death or injury to person against a California public entity
- In plain English
- A written claim must be presented to the public entity not later than six months after the cause of action accrues, before a lawsuit can generally be filed. Claims relating to other causes of action have a one-year presentation period.
- Legal provision
- Cal. Gov. Code § 911.2(a)
- Official source
- California Legislative Information (opens in a new tab)
- Exceptions
- Separate statutory deadlines govern when a lawsuit must be filed after the claim is acted on. Procedures for late-claim applications exist but are limited. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
Shared fault: comparative fault rule
- Applies to
- Negligence actions generally
- In plain English
- California applies pure comparative fault: an injured person’s damages are reduced by their percentage of fault, but recovery is not barred even if their share is large. The rule was adopted by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, and jurors are instructed to assign a percentage of responsibility to the plaintiff.
- Legal provision
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405
- Official source
- Judicial Council of California Civil Jury Instructions (CACI) No. 405, via Justia (opens in a new tab)
- Exceptions
- Other doctrines, such as rules on allocating non-economic damages among multiple defendants, can affect recovery and are not covered here. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
What this page does not cover
This page does not cover medical malpractice, product liability, workers’ compensation, wrongful death procedure, damage caps outside government claims, insurance minimums, or every exception within the cited statutes. ClaimSettleIQ’s Settlement Estimator does not apply these rules automatically; its fault illustration uses only the rule you select.