California Statute of Limitations for Personal Injury Claims

The default deadline to file a personal injury lawsuit in California is two years from the date of the injury, under Code of Civil Procedure Section 335.1. This statute covers actions for injury to a person caused by another party's wrongful act or negligence, which includes most car accidents, slip-and-falls, and similar injury claims.

This is a default deadline, not an automatic rule that applies identically to every situation. Shorter and longer periods apply in specific situations, including claims against government entities, claims involving a minor, and cases where an injury was not immediately discoverable. A licensed attorney can confirm the deadline that applies to your specific case.

Missing this default window generally means losing the right to pursue a lawsuit for that injury entirely, regardless of how strong the underlying claim might have been. Courts generally will not hear a case filed after the applicable deadline has passed, absent a recognized exception.

This two-year deadline applies broadly across personal injury claim types in California, including car accidents, motorcycle and pedestrian collisions, and slip-and-fall injuries, since Code of Civil Procedure Section 335.1 is not limited to any single category of accident. What differs between claim types is the evidence and process involved, not the underlying default deadline itself.

The two-year period generally runs from the date the injury occurred, which for most accidents is the date of the crash, fall, or other incident. The clock generally starts running on that date, and the deadline falls two years later.

California law also recognizes a discovery rule in some circumstances, which can affect when the clock starts if an injury was not reasonably discoverable right away. Because the discovery rule and its application depend heavily on the specific facts, this guide does not attempt to state how it applies beyond noting that it exists as a general concept in California law.

Certain circumstances, such as claims involving a minor, can also affect when the deadline begins to run or how long it lasts. These situations depend on the specific facts of the case, and a licensed attorney can confirm how they apply to your situation rather than assuming a general rule covers it.

Claims against a California government entity or public employee, such as a city bus, a county-owned vehicle, or a state-maintained roadway, generally require a formal government claim to be presented within six months of the incident for injury to a person or personal property, under Government Code Section 911.2. This is a separate, and considerably shorter, requirement than the two-year deadline for a lawsuit against a private party.

The government claim process generally has to be completed before a lawsuit against the government entity can proceed. If the six-month government claim window is missed, the ability to pursue a claim against that government entity can be lost even though the broader two-year window for private-party claims has not yet expired.

Because government claims involve a separate deadline and a separate procedural process from a standard personal injury lawsuit, and because shorter and longer periods can apply depending on the situation, a licensed attorney can confirm both the applicable deadline and the correct claim procedure for your situation.

Property damage claims, such as those arising from a vehicle repair dispute separate from a personal injury, generally have a default deadline of three years from the date of the damage under Code of Civil Procedure Section 338(c), which covers actions for injuring or taking goods and chattels, including vehicles.

This three-year property damage window is longer than the two-year window that generally applies to personal injury claims, which means the deadlines for injury and property damage from the same accident can differ. Someone with both an injury claim and a separate property damage dispute should be aware that the two do not necessarily expire on the same date.

As with the other deadlines discussed on this page, shorter and longer periods can apply in specific situations, and a licensed attorney can confirm the deadline that applies to a specific property damage claim.

A statute of limitations is a hard procedural cutoff, not a guideline. Once the applicable deadline passes without a lawsuit being filed, or without a government claim being presented in situations where one is required, a court will generally dismiss the case if the other side raises the deadline as a defense, regardless of how strong the underlying facts are.

This is true even if settlement negotiations with an insurance company were ongoing right up until the deadline. Negotiating with an insurer does not pause or extend the statute of limitations on its own, so a claim can expire while discussions are still in progress if a lawsuit is not filed in time.

Because the consequences of missing a deadline are generally final, understanding which deadline applies to your specific situation, and confirming it with a licensed attorney, is one of the more consequential steps in protecting a potential claim.

This is one of the reasons it can help to keep track of the incident date, any related records, and communications with an insurer from the very start, even before deciding whether to pursue a claim at all. Having that information organized ahead of time makes it easier to confirm the applicable deadline quickly if a question about timing comes up later.

The deadlines described on this page are default deadlines. California law recognizes that shorter and longer periods can apply depending on the specific situation, including who is involved, what type of claim is being made, and the specific facts of when and how an injury was discovered.

Situations that can affect the applicable deadline include claims involving a minor, claims against a government entity, and cases involving a delayed discovery of the injury. Insurance policies can also carry their own internal notice and claim-filing deadlines, which are separate from, and sometimes shorter than, the legal statute of limitations for a lawsuit.

Because these exceptions depend heavily on the specific facts of a case, this page intentionally does not attempt to describe how each one applies. A licensed attorney can confirm the deadline for your case based on the specific circumstances involved.

This is also why it is worth confirming your deadline even if you believe your situation is straightforward. A claim that initially appears to involve only a private party can turn out to involve a government-owned vehicle, a government-maintained road, or another factor that changes which deadline actually applies.

If you are dealing with a potential personal injury or property damage claim in California, understanding which deadline applies to your situation is one of the first practical steps. Because the consequences of missing a deadline are generally final, this is not a determination to make on your own based on general information alone.

Gathering and preserving evidence early, including the date of the incident, any records related to it, and details about the parties involved, can help support a claim regardless of which deadline ultimately applies.

Consult a licensed attorney to confirm the specific deadline that applies to your situation, particularly if a government entity may be involved, if a minor is affected, or if there is any question about when your injury was discovered. This is educational information, not legal advice, and every situation involves its own set of facts.