TL;DR: You generally have 2 years to sue someone for a dog bite in California, starting on the date of the attack. If you miss this deadline, you may lose the right to recover medical bills, lost wages, and compensation for scarring or trauma.
Highlights:
- You generally have two years from the bite date to file a California dog bite lawsuit.
- The deadline applies even during treatment or insurance negotiations.
- Tolling may apply for minors until age 20.
- The filing clock may pause if you are legally incapacitated.
- In limited cases, the filing window may extend if the defendant is out of state.
- Government dog bites require a 6-month administrative claim filing.
- Missing a deadline generally bars you from filing suit.
Tip: Stick to facts and avoid guessing when speaking with insurers or agencies; document medical care and incident details early.
Table of Contents
In California, the time limit for suing someone for a dog bite is two years from the date of the attack. Missing the deadline means you will generally lose the right to seek compensation for your medical bills and lost wages, no matter how serious your injuries are.
Rare exceptions may apply. However, they do not change the general rule. Knowing when that two-year clock starts, and what can affect it, is the key to keeping your legal options open.
What Is The Standard Filing Deadline For Dog Bites In California?
California Code of Civil Procedure § 335.1 generally gives you two years to file a lawsuit. This deadline runs from the exact date of the bite. These cases are based on § 3342 of the state’s Civil Code. It establishes strict liability, where the owner is liable regardless of their actions. They may also be based on negligence, where the owner failed to act with care. The two-year filing window applies to both.
The clock does not pause while you heal. Seeing a doctor, visiting a physical therapist or chiropractor, or waiting to see if your injuries improve will not stop it from running. It does not matter if your symptoms get worse later or if your treatment is still ongoing.
Pursuing an insurance claim, which is typically your first option after a dog bite, won’t extend the deadline, either. Ongoing settlement talks with the dog owner’s insurance company, no matter how far along they go, do not add more time to your deadline. The two-year rule is strict. However, state law does recognize narrow exceptions that may extend the filing window.
When Can The Filing Deadline Be Extended?
While the two-year deadline rarely changes, California law does allow some extensions. This is called “tolling,” which means the clock pauses. It only occurs in specific cases, such as the following:
- If you were under 18 at the time of the bite, the clock does not start until your 18th birthday. Your hard cutoff is your 20th birthday.
- If the bite left you unable to make legal decisions, the clock pauses until you are legally competent to pursue your claim.
- California law may extend the filing deadline when a defendant is outside the state. However, this rule is subject to important exceptions. It does not automatically apply every time a dog owner travels or moves out of California.
These exceptions are narrow, so it can be risky to assume that any of them applies to your situation. Dog bite lawyers often review the details of the case to determine how long you have to take legal action. Keep in mind that some deadlines can be shorter, especially when a government-owned dog is involved.
What Is The Deadline If A Police Dog Bites You?
In most cases, when a police dog, a sheriff’s K-9, or a government animal control dog bites you, the standard two-year deadline does not apply. Under the California Government Claims Act, you have only six months to file a formal government claim with the responsible public agency.
A government claim is a written notice of your injury submitted directly to that agency. State law requires you to file one before you can sue. California Government Code § 915 requires you to present the claim to the responsible public entity. Depending on the agency, you may need to file it with the clerk, the secretary, the auditor, the governing body, or another authorized recipient. The public entity will then have 45 days to respond to your claim.
Generally, you can only sue if:
- The entity rejects the claim. You have six months from the date of the written denial to file suit.
- The entity fails to respond within the required period. State law typically considers these claims rejected. You may have two years from the date of the dog bite to sue, unless an exception applies.
Additionally, missing the six-month deadline almost always blocks your case entirely. A court will typically dismiss your lawsuit if you skip or miss this step, even if your injuries are severe. It is also important to understand that claims against cities and other public agencies can be more difficult than ordinary dog-bite cases.
Special legal defenses may apply, particularly when a police dog was acting in the course of its official duties. Allegations that you provoked the dog may also limit or defeat a claim, depending on the facts.
What Happens If You Miss The Filing Deadline?
The statute of limitations is your legal deadline to file a lawsuit in California. Miss it, and you will generally lose your ability to pursue compensation in court. The severity of your injuries and the other party’s fault become irrelevant once that window closes.
The state’s courts strictly enforce the two-year filing window because it allows judges and juries to review cases using fresh evidence. It also allows the other party to build a defense by gathering its own evidence before it degrades.
If you are thinking, “I need a personal injury lawyer to help me meet the filing deadline,” do not wait. They can explain which time limit applies to your case and, if you decide to work with them, help you avoid unnecessary delays during the claims process.
Frequently Asked Questions About Dog Bite Claims
Many people avoid filing dog bite claims. For instance, they might not want to hurt a friend or relative, fear the dog will be put down, or be unsure about the cost of hiring a lawyer. Some victims seek free advice from a dog bite lawyer to understand what happens next.
These concerns are real, and they are also some of the most common reasons victims wait too long and lose their right to recover. The answers below provide some clarity on your general options after a dog bite.
Does The Deadline Change If The Dog Belongs To A Friend Or Family Member?
No. The two-year deadline to file a dog bite lawsuit against a private entity in California applies regardless of who owns the dog.
Can The Deadline Be Extended If I Am Still Receiving Medical Treatment?
No. The clock starts on the date of the attack, not when your treatment ends. Even if you are still seeing doctors two years later, California law does not pause the deadline for ongoing care.
Does The Deadline Change If The Dog Owner Does Not Have Insurance?
The two-year filing deadline stays the same even if the owner has no insurance. A dog bite attorney can explore other options, such as a landlord’s insurance policy.
Will The Dog Be Put Down If I Sue The Owner?
A civil lawsuit is about money for your injuries, not animal control. Those decisions are made by local animal control agencies, not by a civil court.
Can I Sue If Another Dog Bites My Dog In California?
Yes, but not under California’s dog bite injury statute, which only covers injuries to people. If a dog injures your dog, you can file a property damage claim to recover vet costs and related expenses. If you need to file a lawsuit, you will have to meet a three-year filing deadline rather than the standard two-year time limit.
Do Lawyers Only Get Paid If They Win A Dog Bite Case?
Usually, dog bite lawyers only get paid from your recovery if they agree to work on a contingency fee basis. Under this arrangement, you pay nothing up front to hire one. If there is no recovery, you owe no attorney’s fees, though some agreements may charge case expenses.
Contact Arash Law For Your Dog Bite Case In California
The clock on your dog bite claim is already running. Waiting even a few weeks can affect which evidence remains available and how much time an attorney has to prepare. If you are ready to take the next step, our legal team can review your situation and explain how they can help before that window closes.
A free initial consultation is your first move toward protecting your legal options. It gives you a chance to ask questions, understand where your claim stands, and learn what steps to take before the deadline passes. There is no obligation to move forward after that conversation.
Call our dog bite lawyers at (888) 488-1391 to schedule a free initial consultation. AK Law serves injured victims across California and is ready when you are. The sooner you reach out, the more time an attorney has to evaluate your claim and explain your options before the filing deadline arrives.
