Statute of Limitations for Personal Injury Claims in California

Every personal injury claim in California comes with a deadline. Miss it, and your case is almost certainly over, no matter how strong your evidence or how severe your injuries. The statute of limitations for personal injury claims in California is the legal time limit within which you must file a lawsuit, and understanding these deadlines is one of the most important things any accident victim can do to protect their rights.

The general rule is simple: two years from the date of injury. But the reality is more complex than that. Different types of claims carry different deadlines, and certain exceptions can either extend your time or cut it drastically short. If your injury was caused by a government entity, for example, you may have as little as six months to act. Here is what every California personal injury victim needs to know.

The General Rule: Two Years from the Date of Injury

Under California Code of Civil Procedure Section 335.1, the statute of limitations for personal injury claims is two years from the date of injury. This applies to most common personal injury scenarios:

• Car, truck, and motorcycle accidents
• Slip-and-fall and premises liability injuries
• Dog bite injuries
• Assault and battery
• Other negligence-based injuries

"Filing a lawsuit" means actually filing a complaint with the court, not just hiring an attorney, sending a demand letter, or negotiating with an insurance company. If the complaint is not filed before the two-year deadline expires, the court will almost certainly dismiss your case on a motion by the defense, and your right to compensation is gone.

Many injury victims assume they have plenty of time and focus on medical treatment and insurance negotiations first. That is perfectly reasonable, as most cases do settle without a lawsuit. But you must always be aware of the filing deadline in the background. A skilled attorney will manage the timeline so that you never inadvertently let your rights expire while negotiations are ongoing.

The Government Claim Deadline: Six Months

This is the single most dangerous exception, and it catches people off guard every day: if your injury was caused by a government entity (city, county, or state) you must file an administrative tort claim within six months of the incident.

Under California Government Code Section 911.2, before you can file a lawsuit against any public entity, you must first present a written claim to that entity. For personal injury and wrongful death claims, this administrative claim must be filed within six months of the date the cause of action accrued.

This applies to a wide range of situations that many people do not immediately recognize as "government" claims:

• City bus or public transit accidents: if you are injured on a public bus, light rail, or by a public transit vehicle
• Dangerous road conditions: potholes, missing guardrails, defective traffic signals, inadequate signage on state highways or city streets
• Public property injuries: injuries at government-owned buildings, parks, schools, libraries, or sidewalks
• Public hospital negligence: malpractice at county hospitals or other public medical facilities
• Police conduct: injuries caused by law enforcement officers acting in their official capacity

Missing the six-month government claim deadline almost always kills the case entirely. There is a limited process to petition for late filing, but courts grant these petitions only in narrow circumstances, such as when the claimant was a minor, mentally incapacitated, or physically unable to file. "I didn't know about the deadline" is not an accepted excuse.

If there is any possibility that a government entity contributed to your injury, consult with an attorney immediately. Do not wait to see if the injury resolves on its own or assume you have the standard two years.

Statute of Limitations by Claim Type

While two years is the default for most personal injury claims, several categories carry different deadlines:

Wrongful Death: Two Years

Under CCP Section 335.1, wrongful death claims must be filed within two years of the date of death, not the date of the underlying injury or accident. If the victim survived for several months after the incident before passing, the statute of limitations runs from the date of death.

Medical Malpractice: One Year / Three Years

Medical malpractice claims are subject to a special statute of limitations under CCP Section 340.5: one year from the date the patient discovered (or reasonably should have discovered) the injury, or three years from the date of the injury, whichever comes first.

This is a shorter and more complex deadline than standard personal injury claims. The "discovery" component means that the clock may not start ticking until you realize something went wrong. For example, you might discover months later that a surgeon left a foreign object inside your body. But the three-year outer limit is an absolute cap with only very limited exceptions.

Product Liability: Two Years

Claims against manufacturers, distributors, and retailers for defective products generally fall under the standard two-year statute of limitations. The clock starts when the injury occurs or when the plaintiff discovers (or reasonably should have discovered) that the product caused the injury.

Intentional Torts: Two Years

Claims based on intentional conduct, such as assault, battery, and false imprisonment, also carry a two-year statute of limitations.

Property Damage: Three Years

If your personal injury claim also involves property damage (such as damage to your vehicle in a car accident), the property damage component has a separate three-year statute of limitations under CCP Section 338(c)(1). It is always advisable to address all claims, personal injury and property damage, together.

Exceptions That Can Extend the Deadline

California law recognizes several circumstances that can pause ("toll") or extend the statute of limitations:

The Discovery Rule

In some cases, the injury is not immediately apparent. The discovery rule provides that the statute of limitations does not begin to run until the plaintiff discovers, or through reasonable diligence should have discovered, the injury and its cause. This comes up most often in medical malpractice, toxic exposure, and latent defect cases.

Tolling for Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled until they turn 18. At that point, the normal deadline begins to run. A child injured at age 10 in a car accident, for instance, would have until age 20 to file a personal injury lawsuit.

There is a critical exception here, though: the six-month government claim deadline is NOT tolled for minors in the same way. A parent or guardian must file the government tort claim on the child's behalf within six months. This is a common and devastating oversight.

Tolling for Mental Incapacity

If the injured person is mentally incapacitated at the time of the injury (lacking the capacity to make decisions or manage their affairs), the statute of limitations may be tolled during the period of incapacity. This is particularly relevant in catastrophic injury cases involving traumatic brain injuries.

Defendant Leaves the State

If the person who injured you leaves California after the incident, the statute of limitations may be tolled for the time they are absent from the state. This prevents defendants from running out the clock by relocating.

What Happens If You Miss the Deadline?

If you file your lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss (called a demurrer in California) and the court will almost certainly grant it. Your case will be thrown out before you ever get to present your evidence.

There are extremely limited circumstances where a court will excuse a late filing. But these exceptions are narrow and difficult to prove. For all practical purposes, missing the statute of limitations means losing your right to compensation permanently.

This is why it is so important to consult with an attorney promptly after any injury. Even if you are not ready to file a lawsuit, an attorney can track your deadlines, preserve evidence, and ensure that your rights remain protected while you focus on recovery.

Key Deadlines at a Glance

• Standard personal injury (car accidents, falls, dog bites): 2 years from date of injury
• Wrongful death: 2 years from date of death
• Medical malpractice: 1 year from discovery, 3 years maximum from injury
• Government entity claims: 6 months to file administrative tort claim
• Property damage: 3 years from date of damage
• Minors: Tolled until age 18 (except government claims)

Do Not Let a Deadline Cost You Your Claim

The statute of limitations exists to bring finality to legal disputes, but it can also cut off legitimate claims by injured people who simply waited too long to act. The six-month government claim deadline is particularly unforgiving, and even the standard two-year deadline can arrive faster than you expect when you are focused on medical treatment and daily life.

At The Law Offices of Farris Ain, we help injured clients throughout Southern California understand their deadlines and protect their right to compensation. When you work with us, tracking your statute of limitations is one of the first things we do, so you never have to worry about a deadline silently expiring while you recover.

Request a free consultation today. If you have been injured and are unsure how much time you have, the safest thing you can do is find out now.