Statute Of Limitations For Personal Injury Cases In California

Time is one of the most critical factors in any personal injury case. California law sets strict deadlines for filing a lawsuit, and missing these deadlines typically means losing your right to pursue compensation forever—no matter how strong your case may be. Understanding the statute of limitations that applies to your situation is essential to protecting your legal rights.

This resource is part of our California Personal Injury Resources guide, designed to help accident victims understand important legal deadlines.

California’s Two-Year Statute Of Limitations

Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of your injury to file a personal injury lawsuit. This deadline applies to most accident claims, including:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Pedestrian accidents
• Bicycle accidents
• Slip and fall accidents
• Dog bites
• Assault and battery

The statute of limitations also applies to wrongful death claims, giving surviving family members two years from the date of death to file a lawsuit.

When Does The Clock Start?

In most cases, the statute of limitations “clock” begins on the date the injury occurred—typically the date of the accident. However, there are exceptions that may affect when the deadline starts.

The Discovery Rule

Sometimes injuries aren’t immediately apparent. California’s “discovery rule” provides that the statute of limitations may begin on the date you discovered (or reasonably should have discovered) your injury, rather than the date of the incident itself.

This rule commonly applies in cases involving:

• Internal injuries that don’t show symptoms immediately
• Toxic exposure or environmental contamination
• Defective products where harm develops over time
• Medical malpractice where errors aren’t immediately evident

For example, if you were in a car accident and initially felt fine, but weeks later discovered you had a herniated disc, the discovery rule may allow the clock to start from the date of diagnosis rather than the accident date.

Different Deadlines For Different Claims

While two years is the standard deadline, certain types of cases have different statutes of limitations:

Claims Against Government Entities

If your injury was caused by a government employee or agency—such as a city bus driver, state highway defect, or public school negligence—you face a much shorter deadline. You must file an administrative claim with the appropriate government agency within six months of the incident. Only after this claim is denied can you file a lawsuit in court.

Medical Malpractice

Medical malpractice claims have a unique statute of limitations: three years from the date of injury or one year from the date you discovered the injury, whichever occurs first. This one-year discovery rule is strictly enforced.

Wrongful Death

Family members have two years from the date of death (not the date of the accident) to file a wrongful death lawsuit.

Property Damage

If you’re seeking compensation only for property damage (such as vehicle repairs after a car accident), you have three years to file a claim.

Tolling: When The Deadline Is Paused

Certain circumstances can “toll” (pause) the statute of limitations, effectively extending your deadline to file:

Injured Party Is A Minor

If the injured person is under 18 years old, 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, claims against government entities still require the six-month administrative claim, even for minors.

Mental Incapacity

If an injury causes mental incapacity (such as a coma or severe traumatic brain injury), the statute of limitations may be paused until the person regains legal capacity.

Defendant Leaves California

If the person who caused your injury leaves California, the time they are absent from the state may not count toward the statute of limitations under certain circumstances.

Defendant Is In Prison

If the defendant is incarcerated, the statute of limitations may be tolled during their imprisonment.

What Happens If You Miss The Deadline?

If you attempt to file a lawsuit after the statute of limitations has expired, the defendant will almost certainly file a motion to dismiss your case. Courts have no discretion on this issue—if the deadline has passed, your case will be dismissed, and you will permanently lose your right to seek compensation through the legal system.

This is true regardless of:

• How severe your injuries are
• How clearly the other party was at fault
• How much evidence you have

Why You Shouldn’t Wait To Take Action

Even though you may have two years to file a lawsuit, there are compelling reasons to begin the legal process as soon as possible:

• Evidence deteriorates – Witnesses forget details, surveillance footage gets deleted, and physical evidence disappears over time
• Medical records are clearer – Prompt medical treatment creates a documented connection between the accident and your injuries
• Insurance deadlines – Your insurance policy may require you to report accidents within a specific timeframe
• Stronger negotiating position – Filing early shows the insurance company you’re serious about pursuing your claim

Talk To A California Personal Injury Lawyer

Don’t let a missed deadline destroy your chance at fair compensation. If you’ve been injured in an accident in Santa Monica, Beverly Hills, Malibu, or anywhere in California, the attorneys at Cohen Injury Law Group can evaluate your case and ensure you meet all applicable deadlines.

Contact us today for a free consultation.

Back to Personal Injury Resources →