How Long Can a Civil Case Stay Open in California?

Two Different Clocks: Filing Deadline vs. How Long a Case Can Stay Open

The filing deadline is the last day to start a lawsuit. How long a filed case stays open is a separate question.

People who ask how long a civil case can stay open in California often mix these two questions together. That’s understandable. After a crash, you may need to act soon, and you may also wonder how long the case will take.

Keep the two apart. The filing deadline comes from a statute of limitations, which is a law that sets how long a person has to sue. The length of a case after filing is shaped by court steps, the other side’s responses, and the facts.

Donald Norman Colvin, a lawyer licensed in California, is the attorney responsible for this site, and Colvin Accident Lawyers has its office in Bakersfield, California. The firm handles car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, and wrongful death cases.

If you’re worried about a specific accident, start with the date. Almost every deadline below is tied to that date.

The Two-Year Deadline for Personal Injury and Wrongful Death

Code of Civil Procedure § 335.1 says an action for injury to, or death of, a person caused by another’s wrongful act or neglect must be brought within two years.

It also covers wrongful death claims, which are brought because a person has died.

Family members often play a central role. Code of Civil Procedure § 377.60 says who may bring a wrongful death claim. That includes the decedent’s surviving spouse, domestic partner (meaning a partner in a registered domestic partnership at the time of death), and children. In some cases, dependent relatives may also sue. The decedent’s personal representative may file on their behalf.

That’s why the accident date matters in many cases.

Medical care and insurance calls can fill many months. Write the accident or death date down now and keep it with your records. Doing this early makes the deadline easier to check later.

Other Deadlines That Can Apply to Accident Cases

One crash can give rise to more than one claim, and each claim can have its own clock.

Many families assume one date covers everything that happened in the crash. That assumption can cost time. Each claim type has its own deadline, and which one applies depends on the facts.

Start a folder early. Keep the police report, repair estimates, rental receipts, and medical bills together. Insurance letters and recorded statements belong in the folder too. Note the date of each one.

When the Clock Can Be Paused or Start Later

In some cases, the time limit does not count the years a person is a minor. Code of Civil Procedure § 352 says that when a person entitled to bring an action under Chapter 3 was under the age of majority or lacked legal capacity to make decisions when the cause of action accrued, that time is not part of the time limited for filing, but this does not apply to an action against a public entity or public employee where a claim is required to be presented under the Government Code.

This rule can matter when a child is hurt in a bicycle, pedestrian, or dog bite incident. A parent or guardian often handles the claim for a child, so the child’s age belongs in the file from the start.

The rule has a limit. Section 352(b) says it does not apply to a claim against a public entity or public employee where a government claim must be presented first. Those claims follow the shorter government deadlines below.

Other legal rules can also change when a clock starts or stops. Those rules depend on the type of claim, so each matter needs its own review.

Claims Against Government Agencies Have Shorter Early Deadlines

A claim against a public entity begins with a written claim, and that step has a short deadline.

Government Code § 911.2 says a claim for death or for injury to a person or personal property must be presented not later than six months after the cause of action accrues. Other claims generally have one year.

The lawsuit has its own timing. Government Code § 946.6 says a petition to be relieved of the claim requirement must be filed within six months after the application to the board is denied or deemed to be denied. Under Government Code § 946.6(f), if the court relieves the claimant from the claim-presentation requirement of Government Code § 945.4, suit on the cause of action must be filed within 30 days after that order.

A bus run by a public agency is one example. Find out early who owns the road or vehicle involved, so the right claim gets filed on time.

How Long a Filed Civil Case Can Stay Open

The time a filed case stays open depends on how it moves through the court. Each step has its own pace.

Discovery is the exchange of facts and evidence between the parties. Motions ask the judge to decide specific issues. Court calendars decide when hearings and trial can happen.

Those same pressure points shape how long a civil case takes.

Not every case goes to trial. Settlement can happen at many points. A settlement usually ends the claim, so read every term before you sign.

Discovery, Pretrial Steps, and Why a Case Takes the Time It Takes

Discovery is the stage where each side asks the other for facts and evidence. It usually includes written questions, requests for documents, and depositions, which are recorded statements given under oath.

When discovery can start depends on where the case stands in the process. Early steps set the pace for everything that follows.

Accident cases usually turn on two things: who was at fault, and what harm followed. That’s why evidence matters so much.

Photos of the scene, vehicle damage, medical records, and witness names can be harder to find later. Gathering them early keeps the record complete and the timeline clear.

Medical records often arrive in pieces, and that adds time to the process.

Talk With Colvin Accident Lawyers About Your Deadline

Yes, a conversation with Colvin Accident Lawyers can help sort out which deadline applies. The firm can review the accident date, the people involved, and any government or minor issue that may affect your timing.

You may be caring for an injured family member, handling insurance calls, or grieving a loss that has already happened. You do not have to sort out these dates alone.

The first consultation is free, confidential, and carries no obligation to continue. To talk through your situation, contact Colvin Accident Lawyers.

Common Questions