Statute of Limitations for Personal Injury in California

If you’ve been injured in an accident, you don’t have unlimited time to take legal action. California law sets strict deadlines—called statutes of limitations—that determine how long you have to file a lawsuit. Missing these deadlines can permanently bar you from recovering compensation, no matter how strong your case might be.

Understanding these time limits is essential for protecting your legal rights after an injury.

The General Rule: Two Years

Under California Code of Civil Procedure Section 335.1, you have two years from the date of injury to file a personal injury lawsuit. This deadline applies to most accident cases, including car accidents, slip and falls, pedestrian accidents, bicycle accidents, and other incidents caused by someone else’s negligence.

The two-year deadline also applies to wrongful death claims, assault, battery, and cases involving intentional or negligent infliction of emotional distress.

If you fail to file your lawsuit within this two-year window, the court will almost certainly dismiss your case. The defendant can raise the expired statute of limitations as a defense, and judges have no discretion to extend the deadline simply because your claim has merit.

When Does the Clock Start?

In most cases, the statute of limitations begins running on the date of the accident or injury. If you were hurt in a car crash on March 15, 2024, you would generally need to file your lawsuit by March 15, 2026.

However, determining the exact start date isn’t always straightforward. California recognizes several situations where the clock may begin later than the date of the incident.

The Delayed Discovery Rule

Sometimes injuries aren’t immediately apparent. Internal injuries, latent conditions, or slowly developing symptoms may not manifest until weeks or months after an accident. In these situations, California’s “delayed discovery rule” may apply.

Under this rule, the statute of limitations doesn’t begin until you discover—or reasonably should have discovered—your injury and its connection to someone else’s conduct. For example, if you were in a seemingly minor fender-bender but weren’t diagnosed with a herniated disc until six months later, the two-year clock might start from the date of diagnosis rather than the date of the accident.

The delayed discovery rule is applied narrowly by courts, and you’ll need evidence showing that you couldn’t have reasonably discovered the injury earlier. This is one reason why seeking prompt medical attention after any accident is so important—it documents your injuries and establishes a clear timeline.

Claims Against Government Entities

If your injury was caused by a government agency or employee—such as a city bus driver, a state highway defect, or a public school—different and much shorter deadlines apply.

Before you can file a lawsuit against a California government entity, you must first submit an administrative claim. For most personal injury claims, this administrative claim must be filed within six months of the date of injury. If the agency denies your claim or fails to respond within 45 days, you then have six months from the denial (or deemed denial) to file a lawsuit in court.

These compressed timelines make it critical to act quickly if you believe a government entity may be responsible for your injuries. Missing the administrative claim deadline can permanently bar your case, even if you’re still within the general two-year statute of limitations.

Exceptions That May Extend the Deadline

California law recognizes several circumstances that can pause (“toll”) the statute of limitations.

Minors. If the injured person was under 18 at the time of the accident, the statute of limitations is typically tolled until they turn 18. They then have two years from their 18th birthday to file a lawsuit. However, if the claim is against a government entity, the six-month administrative claim deadline still applies regardless of the minor’s age.

Mental incapacity. If the injured person lacks the mental capacity to manage their own affairs at the time of injury, the statute of limitations may be tolled until they regain capacity.

Defendant leaves the state. Under California Code of Civil Procedure Section 351, if the defendant leaves California after causing the injury, the time of their absence may not count toward the statute of limitations.

Imprisonment. If the injured person is incarcerated, the statute of limitations may be tolled for a portion of the time they are imprisoned.

Other Statutes of Limitations to Know

While two years is the standard for most personal injury claims, other types of cases have different deadlines.

Medical malpractice claims must be filed within three years of the date of injury or one year from the date you discovered (or should have discovered) the injury, whichever comes first.

Property damage claims have a three-year statute of limitations from the date the damage occurred.

Breach of written contract claims have a four-year deadline.

If your situation involves multiple types of claims—for example, both personal injury and property damage from a car accident—different deadlines may apply to different parts of your case.

Why You Shouldn’t Wait

Even though you technically have two years to file, waiting until the last minute is risky. Evidence can disappear, witnesses’ memories fade, and surveillance footage gets deleted. The sooner you begin building your case, the stronger it’s likely to be.

Additionally, if you’re pursuing an insurance claim before filing a lawsuit, you’ll want to leave yourself enough time to negotiate with the insurer while still preserving your right to go to court if necessary.

Talk to a California Personal Injury Attorney

If you’ve been injured and aren’t sure whether your claim is still within the statute of limitations, it’s important to speak with an attorney as soon as possible. Attorney Jerry Rulsky has spent over 12 years helping injury victims throughout California understand their legal rights and pursue fair compensation.

Our Encino personal injury lawyers and Bakersfield personal injury attorneys offer free consultations to evaluate your case and help you understand your options. We work on contingency, which means you pay nothing unless we recover compensation for you.