Filing Deadlines & Revival Windows in California
One of the most important things a survivor can know is that the usual injury deadlines often do not apply. Recognizing that survivors may not come forward for years, the law provides longer, and sometimes extended or revived, windows for these claims.
Survivor deadlines are different
Filing deadlines for sexual-abuse claims are frequently longer than an ordinary injury deadline, especially for childhood abuse, and they can depend on your age and circumstances. In some situations, laws have extended or even revived windows that had closed — meaning a claim that seems too late may still be possible.
Do not assume the door is closed
Because these rules are specific, change over time, and can turn on details of your situation, the safest step is simply to ask. A confidential conversation can determine what deadline applies to you, rather than leaving you to guess.
How we help
We look at your specific situation, identify the deadline and any window that applies, and explain your options confidentially. The conversation is free and private. Se habla español.
Frequently asked questions
How do I know if my deadline has passed?
Only by looking at your specific situation. Survivor deadlines are often longer than ordinary ones, and extended or revived windows may apply — so please do not assume it is too late. A confidential conversation can tell you what applies.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Injury law in California
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
Related topics
California injury law
This is general information about California injury law, not legal advice. Every case is different.
You deserve to be heard
A quick, confidential review can tell you where you stand — about two minutes, no cost, no obligation.