The statute of limitations is a deadline. Miss it, and your injury claim dies. No exceptions, no extensions, no matter how strong your case.
California sets specific time limits for filing different types of injury lawsuits. These deadlines start running from the date of injury or when you discovered the harm. Understanding which deadline applies to your case is critical.
Personal Injury Cases: Two Years
Under California Code of Civil Procedure Section 335.1, most personal injury claims have a two-year statute of limitations. This includes car accidents, slip and falls, dog bites, assault and battery, and general negligence cases.
The clock starts on the date of injury. If you were injured in a car accident on March 1, 2023, you have until March 1, 2025 to file a lawsuit.
Two years sounds like plenty of time. It’s not.
Building a strong case takes months. You need medical treatment records, expert evaluations, witness statements, and thorough investigation. Insurance negotiations can drag on. By the time you realize settlement won’t work, you may have weeks left to file.
Medical Malpractice: Three Years or One Year
Under Code of Civil Procedure Section 340.5, medical malpractice cases follow different rules. You have three years from the date of injury OR one year from the date you discovered (or should have discovered) the injury, whichever comes first.
This recognizes that medical harm isn’t always immediately apparent. A surgeon leaving an instrument inside you might not cause symptoms for years. But once you discover the problem, the one-year clock starts.
The three-year maximum applies even if you didn’t discover the injury. After three years from the date of treatment, you’re barred from filing regardless of when you found out about the harm.
Minors under age 18 get extended time. They have until their 19th birthday or three years from the date of injury, whichever gives them more time.
Claims Against Government Entities: Six Months
Suing a government entity requires filing an administrative claim first. Under Government Code Section 911.2, you have six months from the date of injury to file this claim with the appropriate agency.
This applies to cases involving city buses, county hospitals, state highways, public school injuries, and any accident involving government employees or property.
The six-month deadline is strict. Miss it and you lose your right to sue, even if you’re well within the two-year statute of limitations for regular personal injury cases.
After filing your administrative claim, the government has 45 days to respond. If they deny your claim or don’t respond, you then have six months to file a lawsuit in court.
Product Liability: Two Years
Defective product cases have a two-year statute of limitations from the date of injury. This covers injuries from dangerous drugs, defective medical devices, faulty car parts, and unsafe consumer products.
Product liability cases can be complex because multiple parties may be liable: manufacturers, distributors, and retailers. Identifying all defendants early matters because you can’t add them after the deadline passes.
Wrongful Death: Two Years
Wrongful death claims must be filed within two years of the death, not the date of the injury that caused it. If someone dies months or years after an accident, the statute of limitations runs from the death date.
Only certain people can file wrongful death claims: surviving spouses, domestic partners, children, and in some cases, other financial dependents or parents.
Discovery Rule Exceptions
Some injuries aren’t immediately obvious. The discovery rule allows the statute of limitations to start when you knew or should have known about the injury and its cause.
This applies in cases involving toxic exposure, hidden defects, and medical conditions with delayed symptoms. But courts apply this rule narrowly. You can’t claim you didn’t “discover” an obvious injury just because you didn’t know you had a legal claim.
Tolling: When the Clock Stops
Certain circumstances pause the statute of limitations. This is called tolling.
The clock stops while the injured person is a minor. Once they turn 18, the normal statute of limitations begins.
Mental incapacity can toll the deadline. If the injured person lacks the mental capacity to understand their legal rights, the clock may pause until capacity is restored.
The defendant leaving California can sometimes extend the deadline, though this rarely applies in practice.
Why These Deadlines Exist
Statutes of limitations serve important purposes. Evidence degrades over time. Witnesses forget details or become unavailable. Physical evidence disappears. Medical records get harder to obtain.
The law wants cases resolved while evidence is fresh and reliable. It also recognizes that defendants shouldn’t face the threat of lawsuits indefinitely.
The Danger of Waiting
Many people think they have plenty of time. They focus on recovery, try to settle with insurance, or simply put off dealing with legal issues. Then they realize the deadline is approaching and scramble to file.
Cases filed at the last minute are weaker. Attorneys have less time to investigate, gather evidence, and build compelling claims. Critical witnesses may be gone. Medical records may be destroyed after retention periods expire.
Insurance companies know the deadlines too. They drag out negotiations hoping you’ll run out of time. Once the statute of limitations passes, your leverage disappears completely.
Exceptions Are Rare
Courts take these deadlines seriously. Judges dismiss cases filed even one day late. “I didn’t know about the deadline” isn’t an excuse. Neither is “I was in settlement negotiations.”
The California Supreme Court has repeatedly held that statutes of limitations are not flexible. Missing the deadline by any amount of time is fatal to your case.
Don’t Wait
If you’ve been injured, talk to an attorney immediately. Even if you’re not ready to file a lawsuit, you need to know your deadlines and preserve your rights.
Cohen.Law handles injury cases throughout California. We track deadlines carefully and file on time, every time. Our approach is modern and efficient, but we never cut corners on the details that matter.
Call us at 310-361-4193 for a free consultation. We’ll tell you exactly how much time you have and what needs to happen next.
Start your free case evaluation before time runs out.