How Long Do You Have to File a Personal Injury Lawsuit in California?
California's statute of limitations for personal injury is two years from the date of injury under California Code of Civil Procedure § 335.1. This is the starting point for every analysis. The deadline is calculated from the day the injury occurred — not from when you saw a doctor, hired an attorney, or discovered the full extent of your damages.
CCP § 335.1 states: "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." This statute applies to the vast majority of personal injury cases in California, including car accidents, truck accidents, pedestrian accidents, slip and fall, dog bites, and wrongful death.
The two-year clock starts running the moment the injury occurs — the day of the accident, for most cases. It does not wait for you to feel the full impact of your injuries, hire an attorney, or complete medical treatment. The clock is running now.
What Is the Deadline When a Government Entity Caused My Injury?
If your injury involved a California state or local government entity — a city bus, a county vehicle, a public school, a state highway defect, a government employee acting in their official capacity — an entirely different and much shorter process applies.
Before you can sue a government entity in California, you must file a formal Government Tort Claim under California Government Code § 911.2. This is a separate administrative step, not the lawsuit itself. The deadline to file this claim is six months from the date of the incident.
After receiving your claim, the government agency has 45 days to respond. If they reject the claim (or fail to respond within 45 days), you then have six additional months from the rejection date to file your lawsuit in court.
Many California injury victims assume the standard two-year statute applies when suing the government. It does not. If you fail to file the government tort claim within six months, California courts will dismiss your case against the government entity regardless of how strong your liability case is. This mistake is irreversible. If a government entity may be involved in your case — however remotely — consult an attorney immediately.
Who Counts as a Government Entity?
Government defendants in California include: the State of California and all its agencies and departments; counties, cities, and municipalities; public school districts and universities (UC system, CSU system, community colleges); transit agencies (BART, Metro, Muni, Caltrans); water districts, fire districts, and port authorities; and individual government employees acting within the scope of their employment.
Private contractors working for government agencies are generally not government entities — they are subject to the standard two-year statute. But the analysis can be complex, and the safest approach is to identify all potentially responsible parties early.
Claims Involving Minors
Under California Code of Civil Procedure § 352, the statute of limitations is tolled (legally paused) while a personal injury claimant is under the age of 18. Once the minor turns 18, the standard two-year statute of limitations begins to run.
In practice: a child injured at age 8 would have until age 20 to file a personal injury lawsuit. A teenager injured at 16 would have until age 20 — the clock starts at 18, not at 16.
Important exception: The minor tolling rule does not apply to government tort claims. If a minor's claim is against a government entity, the six-month government claim deadline applies regardless of the claimant's age. Parents or guardians should file a government tort claim on behalf of an injured minor promptly.
The Discovery Rule
California's discovery rule modifies when the statute of limitations begins to run in cases where the injury is not immediately apparent. Under the discovery rule, the two-year clock begins when the plaintiff discovered, or through reasonable diligence should have discovered, both the injury and its cause.
The discovery rule commonly applies in: occupational disease cases (hearing loss, mesothelioma, repetitive stress injuries); toxic exposure cases where symptoms develop over time; medical malpractice where negligence was concealed; product liability involving delayed-onset conditions; and cases where the defendant fraudulently concealed their role in causing the injury.
The discovery rule does not apply when injuries are obvious and immediately apparent — a broken leg from a car accident, for instance. In those cases, the clock starts the day of the accident, period.
Deadlines by Case Type
| Case Type | Deadline | Statute | Notes |
|---|---|---|---|
| Car accident | 2 years | CCP § 335.1 | From date of accident |
| Truck accident | 2 years | CCP § 335.1 | FMCSA records: 6 months |
| Motorcycle accident | 2 years | CCP § 335.1 | From date of accident |
| Pedestrian accident | 2 years | CCP § 335.1 | From date of accident |
| Slip and fall | 2 years | CCP § 335.1 | From date of fall |
| Dog bite | 2 years | CCP § 335.1 | From date of bite |
| Wrongful death | 2 years | CCP § 335.1 | From date of death |
| Brain/TBI injury | 2 years | CCP § 335.1 | Discovery rule may apply |
| Medical malpractice | 3 years or 1 year | CCP § 340.5 | 3 from injury or 1 from discovery, whichever is sooner |
| Government entity | 6 months (tort claim) | Gov. Code § 911.2 | Then 6 months to sue after denial |
| Minor claimant | Tolled to age 18 | CCP § 352 | Then standard 2 years |
| Product liability | 2 years | CCP § 335.1 | Discovery rule often applies; potential 10-year repose |
| Uber/Lyft accident | 2 years | CCP § 335.1 | Also notify TNC insurer promptly |
When Does the California Statute of Limitations Pause?
Beyond minor status and the discovery rule, several other events can toll California's statute of limitations:
- Legal disability: Mental incapacity or disability at the time of injury may toll the statute under CCP § 352
- Defendant's absence: If the defendant is outside California when the cause of action accrues, the time they are absent does not count toward the statute (CCP § 351) — but this provision has been narrowed by case law
- Fraudulent concealment: If the defendant actively concealed their identity or role in causing the injury, equitable tolling may apply
- Settlement negotiations: California courts have recognized tolling based on reasonable reliance on settlement communications — but this is limited and unpredictable; never rely on negotiation to extend a deadline
What Happens If You Miss the Deadline?
Missing the statute of limitations is one of the most consequential mistakes in civil litigation. Once the deadline passes:
- The defendant files a motion to dismiss (demurrer or motion for summary judgment) based on the expired statute
- California courts almost universally grant these motions
- Your case is dismissed — with prejudice, meaning it cannot be refiled
- No amount of liability evidence, witness testimony, or medical documentation will save a time-barred claim
There are extremely limited exceptions. Fraudulent concealment by the defendant is the most commonly litigated. But courts apply these exceptions narrowly, and attorneys who rely on tolling arguments to save expired claims face significant risk. The correct approach is never to approach the deadline — consult an attorney as soon as possible after any injury.
Informational Content Only. Statutes of limitations are fact-specific, and exceptions, tolling events, and recent case law can change which deadline applies to your situation. This guide reflects California law as of April 2026 — statutes may have been amended. Do not use this guide to calculate your specific filing deadline. Consult a licensed California personal injury attorney immediately to determine the exact deadline applicable to your case.
Authored by Jayson Robert Elliott, California State Bar No. 332479. Verify at calbar.ca.gov.
California Statute of Limitations — FAQ
Two years from the date of injury under CCP § 335.1. This is the general rule for car accidents, slip and fall, dog bites, wrongful death, and most other personal injury claims in California. Important exceptions apply for government defendants (6 months), minors (tolled to age 18), and latent injuries (discovery rule).
Six months. Before suing a California state or local government entity, you must file a Government Tort Claim under Government Code § 911.2 within six months of the incident. This is not the lawsuit — it is a mandatory pre-lawsuit administrative step. Miss it and your government claim is barred, regardless of the two-year general statute.
Yes — for general personal injury claims only. Under CCP § 352, the statute is tolled until the minor's 18th birthday, then the two-year clock begins. A child injured at 8 has until age 20 to sue. Exception: The minor tolling rule does NOT apply to government claims — the 6-month tort claim deadline applies to minors as well.
California's discovery rule starts the statute of limitations when the plaintiff discovered — or through reasonable diligence should have discovered — the injury and its cause. It applies in latent injury cases: occupational diseases, toxic exposures, delayed-onset conditions. It does NOT apply when the injury is obvious and immediately apparent, like injuries from a car accident.
The defendant moves to dismiss. Courts grant these motions almost universally. Your case is dismissed with prejudice — it cannot be refiled. No amount of evidence or liability proof will save a time-barred claim. Very limited tolling exceptions exist (fraudulent concealment, for example), but courts apply them narrowly. The correct approach: consult an attorney immediately after any injury.
Same two-year statute, but the clock runs from the date of death — not the date of the injury that caused death. If someone is injured in January, lingers until June, and dies in June, the wrongful death claimants have until June two years later to sue. Learn more about wrongful death claims in California →