By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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Personal injury filing deadlines at a glance
California: two years for most injury lawsuits and six months to file a claim against a public entity. Texas: two years, with notice to a governmental unit within six months. Washington: three years, and a claim against a local government or the state must be filed first, followed by a 60-day wait.
| California | Texas | Washington | |
|---|---|---|---|
| General personal injury lawsuit | 2 years (CCP § 335.1) | 2 years from accrual (CPRC § 16.003) | 3 years (RCW 4.16.080(2)) |
| Claim against a city, county or other public entity | Written claim within 6 months (Gov. Code § 911.2), then suit within 6 months of written rejection, or 2 years if no written notice (Gov. Code § 945.6) | Notice within 6 months of the incident unless the government had actual notice; a city charter may set a shorter period (CPRC § 101.101) | Claim presented within the limitations period, then a 60-day wait before suing, with the deadline tolled during the wait (RCW 4.96.020; state claims: RCW 4.92.100 and 4.92.110) |
| Injured minor | Clock paused until age 18, but not for the government claim (CCP § 352) | Time while under 18 is not counted (CPRC § 16.001) | Time while under 18 is not counted (RCW 4.16.190) |
These are the general rules. Wrongful death, medical malpractice, sexual abuse and some other claims have their own deadlines, covered below. Always count from the earliest possible date, and talk with a lawyer well before any deadline.
What is the statute of limitations for personal injury in California?
Most California personal injury lawsuits must be filed within two years. Code of Civil Procedure section 335.1 sets two years for an action for injury to, or death of, a person caused by the wrongful act or neglect of another. Claims against public entities and certain other claims have different rules.
The two-year rule in CCP § 335.1 covers car and truck crashes, falls, dog bites and most other negligence claims. Our page on how long after a car accident you can sue applies it to crashes.
Delayed discovery. Sometimes a person does not know right away that someone else caused the injury. Under the discovery rule, the limitations period begins when the plaintiff suspects, or should suspect, that she has been wronged (Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1114). Courts apply this narrowly. Do not count on it to rescue a late claim.
Minors. If the injured person was under 18 when the claim arose, the time before they turn 18 is not counted (CCP § 352(a)). That pause does not apply to claims that must first be presented to a public entity (§ 352(b)).
How long do you have to file a claim against a California city, county or state agency?
Six months. A claim for personal injury against a California public entity must be presented within six months after the cause of action accrues. If the agency sends a written rejection, you generally have six months from that notice to sue. If it never sends written notice, the deadline is two years from accrual.
The six-month claim deadline is in Gov. Code § 911.2. The agency has 45 days to act, and if it does not, the claim is treated as rejected (Gov. Code § 912.4). The time to sue after rejection is in Gov. Code § 945.6.
This applies to crashes with city buses and county vehicles, falls on public sidewalks, and injuries at public hospitals. See claims against a city or county vehicle: the six-month rule and suing a county or UC hospital.
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What is the statute of limitations for personal injury in Texas?
Two years. Texas Civil Practice and Remedies Code section 16.003 requires a personal injury suit to be filed no later than two years after the day the cause of action accrues. If the injured person was under 18, the time before they turn 18 is not counted toward the two years.
The two-year rule is in Tex. Civ. Prac. & Rem. Code § 16.003. The tolling rule for minors and people of unsound mind is in § 16.001. A disability that arises after the period starts does not stop the clock, and two disabilities cannot be stacked to extend it.
Claims against Texas governmental units. Under the Texas Tort Claims Act, a governmental unit is entitled to notice of the claim within six months after the incident. The notice must describe the injury, the time and place, and the incident (§ 101.101(a)). City charters may require notice even sooner (§ 101.101(b)). The notice requirement does not apply if the government had actual notice of the injury (§ 101.101(c)).
Product cases in Texas also face a separate outside limit. See the Texas product liability statute of repose.
What is the statute of limitations for personal injury in Washington?
Three years. RCW 4.16.080(2) requires an action for injury to the person to be commenced within three years. If the injured person was under 18 when the claim accrued, that time is not counted. Claims against local governments and the state require a claim form first, then a 60-day wait.
The three-year rule is in RCW 4.16.080(2), and tolling for minors and incapacitated people is in RCW 4.16.190. For crash-specific details, see the Washington car accident statute of limitations.
Local governments. Claims against a city, county or other local entity must be presented to the entity’s designated agent within the limitations period, on the standard tort claim form. You cannot sue until 60 calendar days after the claim is presented, and the limitations period is tolled during that wait (RCW 4.96.020).
The State of Washington. Claims against the state go to the Office of Risk Management in the Department of Enterprise Services (RCW 4.92.100; DES claim page), with the same 60-day wait and tolling (RCW 4.92.110).
Which injury claims have different deadlines?
Wrongful death, medical malpractice, childhood sexual abuse and some product claims follow their own deadlines, which can be shorter or longer than the general rule. If your case involves a death, a doctor or hospital, abuse or a defective product, check the specific rule rather than relying on the general two- or three-year period.
- Wrongful death: California, Texas and Washington
- Medical malpractice statute of limitations in California
- Sexual abuse statute of limitations
- Slip and fall deadlines
- Burn injury deadlines
What happens if you miss the statute of limitations?
If the lawsuit is filed after the deadline, the defense will ask the court to dismiss it, and in most cases the claim is lost for good. Insurance companies know this, and once the deadline passes they have little reason to pay. Talking with an adjuster does not pause the clock.
To protect yourself:
- Write down the date of the injury and the earliest possible deadline.
- If a public agency or public employee may be involved, assume the six-month rule applies until a lawyer tells you otherwise.
- Do not wait for the insurer to finish its review. Settlement talks and deadlines run on separate tracks.
- If treatment is still going on near the deadline, a lawyer can file suit to protect the claim and keep negotiating.
Related reading: how long a personal injury case takes and when to hire a personal injury lawyer. To have our Los Angeles personal injury lawyers check your deadline, call (310) 552-6959.
Common questions
Does the deadline start on the day of the accident or when I found out I was hurt?
Usually the day of the accident. In California, the discovery rule can delay the start until you suspected, or should have suspected, that someone wronged you, but courts apply it narrowly. Count from the accident date to be safe.
Does negotiating with the insurance company stop the clock?
No. Settlement talks do not pause the statute of limitations in California, Texas or Washington. If the deadline is approaching and the claim has not settled, a lawsuit must be filed to protect it.
How long does a child have to file a personal injury lawsuit?
In all three states, the time before an injured child turns 18 is generally not counted. In California that pause does not apply to claims against public entities, which still require a claim within six months.
I was hit by a city bus in Los Angeles. How long do I have?
Generally six months from the incident to file a written government claim with the public entity that runs the bus. After a written rejection, you generally have six months to sue. Do not wait on these deadlines.
Is the deadline different if I was hurt in one state but live in another?
Possibly. Which state’s deadline applies can depend on where the injury happened, where the defendant is and where the case is filed. If more than one state is involved, have a lawyer check the shortest deadline that could apply.
Can the statute of limitations be extended?
Only in limited situations set by statute or case law, such as an injured minor or the delayed discovery rule in California. Most people should treat the general deadline as fixed and file well before it.
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Related pages
How long after a car accident can you sue? · Claims against a city or county vehicle: the six-month rule · Washington car accident statute of limitations · Wrongful death statute of limitations in California · Medical malpractice statute of limitations in California · Sexual abuse statute of limitations
Sources
- Cal. Code Civ. Proc. § 335.1 (two years)
- Cal. Code Civ. Proc. § 352 (minors)
- Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103 (discovery rule)
- Cal. Gov. Code § 911.2 (six-month government claim)
- Cal. Gov. Code § 912.4 (45 days to act)
- Cal. Gov. Code § 945.6 (time to sue after rejection)
- Tex. Civ. Prac. & Rem. Code § 16.003 (two years)
- Tex. Civ. Prac. & Rem. Code § 16.001 (legal disability, minors)
- Tex. Civ. Prac. & Rem. Code § 101.101 (Tort Claims Act notice)
- RCW 4.16.080 (three years)
- RCW 4.16.190 (minors and incapacity)
- RCW 4.96.020 (claims against local governments)
- RCW 4.92.100 (claims against the state)
- RCW 4.92.110 (60-day wait for state claims)
- Washington Department of Enterprise Services: file a tort claim
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 8, 2026.