Personal Injury · Statute of Limitations
Injury Lawsuit Deadline in California
How long you have to file a personal-injury lawsuit in California, the statute of limitations, plus when the clock starts, the discovery rule, and the shorter deadlines for suing a government body. Cited to the statute.
How the deadline works in California
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for particular claims.
| How the clock works | In California | What it means |
|---|---|---|
| Standard deadline | 2 years | The general limitations period to file a personal-injury lawsuit. |
| When it starts | Accrual | The clock generally starts on the date you were hurt. For an injury you could not have known about right away, the delayed-discovery rule can push the start to when you discovered, or reasonably should have discovered, the harm and its cause. |
| Discovery rule | Yes | Yes. California applies a common-law delayed-discovery rule: where the injury or its cause is not reasonably knowable at first, the two years can run from when a reasonable person would have discovered it. The exception is narrow, and you are charged with the diligence a reasonable person would use. |
| Statute of repose | None | There is no general statute of repose for ordinary personal-injury negligence in California. Separate outer limits apply to specialised claims (for example, construction defects), but those are not part of the standard §335.1 clock. |
| Statute | Cal. Civ. Proc. Code §335.1 | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Claim against a government body | 6-month claim first | To sue a California public entity, you must first present a written claim to that entity, generally within 6 months of the injury, under the Government Claims Act (Gov. Code §911.2). Miss that and your two-year court deadline may never matter. |
| Injured person is a minor | Tolled to age 18 | For a child, the two-year clock is generally paused until the child turns 18, so the lawsuit can be filed within two years of the 18th birthday (Civ. Proc. Code §352). Different, shorter rules apply to claims against public entities. |
| Wrongful death | 2 years from death | A wrongful-death action runs two years from the date of death, which is not always the same day as the injury. |
What you can do right now
Concrete, neutral steps if you were injured in California and the clock is running. This is legal information, not legal advice.
- Pin down your injury date and count two years
Write down the exact date you were hurt. In most cases you have two years from that date to file suit. Marking the deadline early keeps a missed filing from ending your case before it starts.
- If a city, county, or state agency is involved, act within months, not years
Claims against a California public entity usually require a written government claim within 6 months of the injury. That short window runs long before the two-year court deadline, so identify any public defendant right away.
- Preserve evidence and get medical care documented
Keep photos, names of witnesses, and every medical record. The date you first noticed a delayed injury can matter for the discovery rule, so record when and how you learned of the harm.
- Talk to a California attorney before the deadline runs
Limitations questions turn on specific facts, and exceptions cut both ways. A licensed California personal-injury lawyer can confirm your exact deadline. The State Bar can refer you to one.
A limitations deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ State Bar of California — Need Legal HelpThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What California injury claimants get wrong
The mistake Californians make is assuming they have plenty of time. The window for most injury lawsuits is two years from the date you were hurt, set by Code of Civil Procedure §335.1, and it is shorter than many people expect. Two traps close it early. First, if any defendant is a government body, a city, county, transit district, or state agency, you usually have to file a written claim with that entity within six months, long before the two-year court deadline. Second, the two-year period counts from the injury, not from when you finish treatment or decide to sue. There is a delayed-discovery rule for injuries you could not reasonably have known about, but it is narrow, and courts expect you to have acted with normal diligence. If you are close to two years, treat the deadline as firm and get advice now rather than assuming an exception will save a late filing.
Common questions
How long do I have to sue after a car accident in California?
Two years from the date of the accident for injuries to your body, under Code of Civil Procedure §335.1. A separate claim for damage to your vehicle has a three-year deadline, but the personal-injury clock is the two-year one.
What is the statute of limitations for personal injury in California?
Two years from the date of the injury for most personal-injury claims, including negligence, assault, and battery, under §335.1. A few situations change the start date or add an earlier step, such as claims against government agencies.
What happens if I miss the two-year deadline in California?
If you file after the limitations period runs, the defendant can ask the court to dismiss the case, and it usually will, no matter how strong the underlying claim was. A narrow discovery rule or tolling for a minor may apply, but you cannot count on it. File on time.
Is the deadline shorter if I am suing a city or the state in California?
Effectively yes. Before you can sue a public entity you generally must present a written government claim within 6 months of the injury under the Government Claims Act. If the entity denies it, you then have a limited time to file suit. That 6-month step is far shorter than the general two-year deadline.
Does the two years start when I was hurt or when I found out?
Usually when you were hurt. California recognises a delayed-discovery rule for injuries you could not reasonably have known about at the time, which can move the start to when you discovered, or should have discovered, the harm and its cause. The exception is narrow, so do not assume it applies.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.