California Statute of Limitations for Personal Injury Claims — Deadlines, Exceptions & What Happens If You Miss the Filing Date

By Steven M. Sweat, Personal Injury Lawyers, APC

If you were hurt by someone else’s negligence in California, the law gives you a limited window to act. Every injury claim carries a filing deadline, and once it passes, your right to compensation is generally gone for good. This guide explains how California’s personal injury statutes of limitations work, the specific deadlines that apply to different types of claims, the exceptions that can extend or shorten your time, and what to do if your deadline is approaching.

We have helped injured Californians protect their claims before time runs out for over 30 years. Below is the practical, California-specific breakdown — not a generic national overview.

What a Statute of Limitations Means

A statute of limitations is a law that sets the maximum time after an event within which you can file a lawsuit. The purpose is fairness on both sides: it pushes claims forward while evidence is fresh and witnesses’ memories are reliable, and it protects defendants from having to answer for events long buried. Different types of claims carry different deadlines, and in a personal injury case, knowing exactly which deadline applies — and when it starts — can decide whether you recover anything at all.

Criminal statutes of limitations are governed separately by the California Penal Code and work differently; this guide addresses the civil deadlines that matter to injury victims.

The California Personal Injury Deadline: Two Years (CCP § 335.1)

Most California personal injury claims must be filed within two years from the date of injury, under Code of Civil Procedure section 335.1. This covers the bulk of injury cases — car, motorcycle, bicycle, pedestrian, and truck accidents, slip-and-fall and other premises claims, dog bites, and most product-related injuries. But the two-year rule is not universal. The table below shows the deadlines that most often apply in California injury matters.

A single day late is usually fatal: if you file after the deadline, the defense will move to dismiss, and the court will grant it regardless of how clear the liability or how serious the injuries. That is why identifying the correct deadline early — and the exceptions below — matters so much.

The Deadline Most People Miss: Claims Against a Government Agency

If your injury involved a city, county, the State of California, a public transit agency, a public hospital, or a government employee acting on the job — a crash with a city bus, a dangerous condition on a public road, a fall on government property — you do not get two years to start. Under the California Government Claims Act, you must first present a written claim to the responsible public entity within six months of the injury (Government Code section 911.2).

When the Clock Starts — and When It Pauses

The trigger date and the discovery rule

Your deadline usually begins running on the date of the incident that caused your injury. If you were hurt in a car accident on March 15, 2024, your two-year deadline would fall on March 15, 2026. California also recognizes a discovery rule: when an injury or its cause could not reasonably have been discovered right away, the clock can start when you knew or should have known of the harm. This commonly applies in medical malpractice and certain product or toxic-exposure cases, where an injury surfaces months or years later.

When the deadline is paused (tolling)

Certain circumstances pause, or ‘toll,’ the statute of limitations:

• Minors: if the injured person is under 18, the deadline is generally tolled until their 18th birthday (CCP § 352).
• Mental incapacity: the clock can pause while an injured person is legally incapacitated, until capacity is restored.
• Defendant absent from California: time a defendant spends out of state after causing the injury typically does not count against your deadline (CCP § 351).

Tolling rules are fact-specific and frequently disputed by insurers. Do not assume an exception applies to your case without confirming it with a lawyer.

Deadlines by Type of Accident

The two-year rule applies across most accident types, but the evidence, the insurance framework, and the practical steps differ. These guides go deeper on the deadline and the claim process for specific situations:

• Car accidents: two years to sue the at-fault driver. See our Los Angeles car accident attorney page for how California car accident claims are built and valued.
• Bicycle accidents: read how long you have to file a bicycle accident lawsuit in California for the deadline and the evidence that disappears fastest.
• Uber and Lyft accidents: the deadline interacts with rideshare insurance tiers — see how long you have to sue after a Lyft accident in California.
• Wrongful death: two years from the date of death, with its own rules on who may sue — see the California wrongful death statute of limitations.
• Defective products: learn how the deadline applies to design and manufacturing defects on our California product liability page.

Sexual Assault Claims Follow Different, Longer Deadlines

Civil claims for sexual assault are not bound by the standard two-year rule. For assaults occurring when the victim was an adult, the deadline is generally the later of ten years from the assault or three years from discovering that a psychological injury was caused by the assault (CCP § 340.16). For childhood sexual assault, a victim generally has until age 40, or five years from discovery, whichever is later (CCP § 340.1). These rules are nuanced and have changed in recent years, so anyone considering such a claim should get individualized legal advice.

What Happens If You Miss the Deadline

If you file after the statute of limitations has run, the defendant will raise the expired deadline as a complete defense, and the court will almost always dismiss the case. You lose the right to pursue compensation entirely — for medical bills, lost income, and pain and suffering alike. Insurers know these dates precisely, and some will quietly run out the clock during ‘negotiations.’ The deadline to file a lawsuit does not pause simply because you are still talking with an adjuster.

What to Do If Your Deadline Is Close

1. Call a personal injury lawyer immediately. An attorney can file a complaint quickly to stop the clock, then continue investigating and building the case afterward. Do not wait for an appointment weeks out — say on the call that your deadline is near.
2. Preserve evidence now. Photograph your injuries and the scene, collect medical records, and write down witness names and contact information before anything is lost.
3. Do not sign or settle blindly. An early offer made under deadline pressure is rarely full value. Understand the claim before you accept anything.

For a step-by-step view of what follows once your claim is filed on time, see our guide to the timeline of a California personal injury case.

Frequently Asked Questions

What is the statute of limitations for a personal injury claim in California?

Most California personal injury claims must be filed within two years of the date of injury under Code of Civil Procedure section 335.1. Some claims — such as those against government entities (six months) and medical malpractice (one year from discovery) — follow different deadlines.

How long do I have to sue after a car accident in California?

Generally two years from the date of the crash to sue the at-fault driver. If a government entity is involved — for example, a collision with a city or transit vehicle — you must present a claim within six months.

What is the deadline to sue a city or government agency in California?

You must present a written claim to the public entity within six months of the injury under Government Code section 911.2. If it is denied, a separate, shorter deadline governs the lawsuit. These windows are strict and are not extended.

Can the personal injury filing deadline be extended?

Sometimes. The discovery rule can delay when the clock starts if an injury could not reasonably have been found right away, and the deadline can be tolled for minors, for mentally incapacitated persons, and while a defendant is out of state. Whether an exception applies depends on the specific facts.

What happens if I miss the statute of limitations?

The court will almost certainly dismiss your case, and you will lose the right to recover compensation regardless of how strong the claim is. If your deadline is near, contact an attorney immediately so a lawsuit can be filed in time.

About the Author

Steven M. Sweat (California State Bar No. 181867) is the founding attorney of Steven M. Sweat, Personal Injury Lawyers, APC, a Los Angeles personal injury and wrongful death firm serving clients throughout Southern California for over 30 years. He has been selected to Super Lawyers every year since 2012, holds an Avvo 10.0 rating, and is a member of the National Trial Lawyers Top 100 and the Multi-Million Dollar Advocates Forum.

This article is for general information only and is not legal advice. Deadlines depend on the specific facts of your case; consult a licensed California attorney about your situation.