How long after a fall can you claim compensation?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

The deadlines at a glance

These are general rules. Other deadlines can apply to particular defendants and facts, so treat the table as a starting point and have a lawyer confirm the date for your case.

Falls on private property

Most falls happen in stores, restaurants, apartment buildings, offices and parking lots owned by private companies. For those, the lawsuit deadline in the first row of the table is the one that counts. California’s statute covers an action for injury “caused by the wrongful act or neglect of another,” and gives two years. Texas counts two years from the day the cause of action accrues. Washington’s three-year period covers injury to the person not covered by a more specific statute.

Talking with the store’s insurer does not change the date. Neither does ongoing treatment. A claim can stay open with an adjuster for months, and if no lawsuit is filed in time, the insurer has no reason to pay. Mark the date the day you hire a lawyer and work backward from it.

Falls on public property

Sidewalks, city halls, libraries, public schools, transit stations and state buildings belong to government bodies, and those claims follow special rules.

California. A written claim for personal injury must be presented to the public entity no later than six months after the claim accrues (Gov. Code 911.2). If you miss that date, you can apply for leave to present a late claim, but the application must be made within a reasonable time and no later than one year after accrual (Gov. Code 911.4). Once the entity mails or delivers written notice rejecting the claim, you generally have six months from that notice to sue; if no written notice is given, the limit is two years from accrual (Gov. Code 945.6).

Texas. Under the Texas Tort Claims Act, a governmental unit is entitled to notice that reasonably describes the injury, the time and place of the incident and the incident itself, no later than six months after the day it occurred. The same section ratifies city charter and ordinance notice periods, so a city can require notice sooner; check the charter of the city involved. Formal notice is not required when the governmental unit had actual notice of the injury (CPRC 101.101).

Washington. A claim against a city, county or other local government goes to the agent the governing body appoints to receive claims, on the standard tort claim form, within the limitations period. No lawsuit can start until 60 calendar days after the claim is presented, and the limitations period is tolled during those 60 days (RCW 4.96.020). Claims against the State of Washington go to the Office of Risk Management (RCW 4.92.100), with the same 60-day wait before suit (RCW 4.92.110).

A fall outside a store can be on public land even when it feels like store property. The sidewalk in front of the door may belong to the city. Our page on claims against a city or county walks through the California claim in a vehicle setting, and the same claim statute applies to falls.

Children and adults who cannot manage their affairs

When a child is hurt, all three states keep the time before age 18 from counting against the lawsuit deadline. That protection has limits. In California it does not apply to an action against a public entity or public employee (CCP 352(b)), and the time a person was a minor counts toward the one-year limit for a late government claim (Gov. Code 911.4). A parent should not wait for a child to turn 18 when the fall happened at a public school or park.

Each state also has rules for adults who lacked legal capacity when the claim arose. Those rules are narrow and differ by state, so get advice on them early instead of relying on them.

What this means for your case

Find out who owns the exact spot where you fell, because that one fact can change your deadline from years to months. Write down the date of the fall, take photos that show the location, and keep any receipt that places you there. If the property may be public, talk to a lawyer this week. Then plan on the case taking time; our page on how long a slip and fall case takes explains why, and what to do after a slip and fall lists the first steps. Store falls are covered in our store fall section. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. More answers are in our injury FAQs.

Common questions

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Injury law FAQs

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.