If you were injured in California, you generally have two years
from the date of the injury to file a personal injury lawsuit. But if a government entity may be responsible—such as the City of San Francisco—the first deadline can be as short as six months. Waiting too long can prevent you from pursuing compensation, even when the underlying claim is otherwise strong.
At the Law Offices of Gene Halavanau, we help people throughout the San Francisco Bay Area identify the right deadline early, preserve important evidence, and understand their options after an accident.
The General California Personal Injury Deadline
For most injury claims, California’s statute of limitations is two years. In plain language, that usually means you have two years from the date you were hurt to file a lawsuit against the person, business, or other private party that may be legally responsible.
This deadline can apply after many types of incidents, including vehicle collisions, unsafe-property accidents, and injuries caused by negligent conduct. For example, someone injured in a crash, a Trip and Fall, or another preventable incident may have a personal injury claim. The deadline is not simply a suggestion: if a lawsuit is filed after the applicable statute of limitations expires, the other side can ask the court to dismiss it.
That is why it is important to separate the deadline for filing a lawsuit from the time it may take to finish medical care, negotiate with an insurer, or determine the full impact of an injury. An injury does not need to be fully resolved before you speak with a personal injury lawyer. In fact, early guidance can help protect your ability to move forward while you continue treatment.
How Long After an Accident Can I File a Claim?
People often ask, “How long after an accident can I file a claim?” The answer depends on what “claim” means in the situation. An insurance claim can often be opened soon after an accident, while a civil lawsuit must be filed by the legal deadline. The safest approach is to report the incident promptly, seek appropriate medical care, preserve records, and review the timeline with an accident attorney well before the two-year mark.
Do not assume that ongoing settlement discussions extend the filing deadline. An insurer’s investigation, negotiations, or requests for additional records generally do not replace the need to file a lawsuit on time. A lawyer can assess whether a settlement is progressing and whether court action may be necessary to preserve the claim.
Property Damage Has a Different Deadline
A single accident can cause both bodily injuries and damage to property, such as a vehicle, bicycle, phone, or other belongings. In California, a property damage lawsuit generally has a three-year
deadline from the date of the damage. That is longer than the usual two-year deadline for an injury claim.
However, different deadlines do not mean it is wise to handle the issues separately without advice. Evidence, witnesses, insurance coverage, and fault questions often overlap. At the Law Offices of Gene Halavanau, we review the complete picture so clients understand which deadlines may apply to each part of a case.
Wrongful Death Claims Usually Have a Two-Year Window
When a person dies because of another party’s wrongful act or negligence, certain surviving family members may have a wrongful death claim. The general California deadline for a wrongful death lawsuit is two years. In many cases, the clock runs from the date of death rather than necessarily the date of the underlying incident.
These matters can involve complicated questions about who may bring a claim, which damages may be available, and whether another deadline changes the analysis. Families dealing with a loss should consider speaking with a personal injury lawyer as soon as they are able, rather than waiting until the end of the two-year period.
Claims Against the City of San Francisco and Other Public Entities
Claims involving a public entity follow a different—and much faster—process. If an injury may involve the City and County of San Francisco, a public transit agency, a school district, a county, or another California government entity, you may need to submit a formal government claim within six months
of the injury or property damage.
This is not the same as filing a lawsuit. It is an administrative claim that generally must be presented to the appropriate public entity first. If the entity rejects the claim in writing, there is typically a separate six-month deadline to file a lawsuit. If the entity does not respond within the required period, a different filing timeline may apply. These rules are technical, so anyone dealing with a possible public-entity claim should seek legal advice immediately.
This can be especially important after incidents involving public sidewalks, city-owned property, municipal vehicles, or transit. For injuries connected to buses or other transit vehicles, visit our Bus Accidents
page for additional information.
When the Deadline May Start Later
Not every injury is obvious on the day of an accident. California’s delayed-discovery rule may apply in some circumstances when an injury or its cause was not immediately known and could not reasonably have been discovered earlier. In those cases, the timing may be measured from when the injury was discovered—or reasonably should have been discovered—rather than strictly from the accident date.
There may also be other exceptions or rules that affect the deadline, including issues involving minors, a defendant’s absence, legal incapacity, or a claim against a government body. These exceptions are fact-specific and should never be treated as automatic. Waiting because you believe an exception applies can be risky.
What This Looks Like in Real Life
Imagine a Bay Area driver is injured in a collision on a busy street. If another private driver caused the crash, the injured person may generally have two years from the injury date to file a personal injury lawsuit and three years to pursue property damage. But if the collision may have involved a city vehicle or a dangerous condition on public property, the person may first need to file a government claim within six months.
The key point is that the same accident can create different deadlines depending on who may be responsible and what losses are involved. Identifying those issues early gives an attorney time to investigate, obtain records, and take the steps needed to protect the claim.
Why Acting Early Matters
Deadlines are only one reason to act promptly. Over time, evidence can disappear, surveillance footage may be overwritten, witnesses can become harder to locate, and memories can fade. Early action also makes it easier to document injuries, expenses, missed work, and the practical effects an accident has had on your life.
For a broader overview of potential claims after an accident, explore our Personal Injury
practice area. The Law Offices of Gene Halavanau serves clients in the San Francisco Bay Area with focused, practical guidance from the earliest stages of a case.
FAQ
Is the deadline always two years after an accident in California?
No. Two years is the general deadline for many personal injury lawsuits against private parties, but other claims have different rules. Property damage is generally subject to a three-year deadline, and claims against public entities often require action within six months.
What happens if I miss the statute of limitations?
If the applicable deadline has passed, the other side can seek dismissal of the lawsuit. Limited exceptions may exist, but they depend on the facts and should be evaluated by an attorney rather than assumed.
Do I have to wait until I finish treatment to contact a lawyer?
No. Contacting a lawyer early can help you protect deadlines and preserve evidence while your medical treatment continues. A case review does not require you to know the final outcome of every injury.
What if I was hurt because of a San Francisco public bus or city property?
You may have a claim involving a public entity, which can require a government claim within six months. Because the correct entity and procedure matter, seek advice as soon as possible.
Should I talk to an accident attorney even if the insurance company is communicating with me?
Yes. An accident attorney can explain the filing deadline, assess the facts, and help you avoid relying on an insurer’s timeline instead of the legal deadline. Contact the Law Offices of Gene Halavanau early so we can review the deadlines together.