California's Statute of Limitations for Personal Injury Claims

June 20, 2026 • Legal Guides

One of the most critical pieces of information for any personal injury victim in California is the statute of limitations, the legal deadline to file a lawsuit. Missing this deadline typically means losing your right to compensation entirely, regardless of how strong your case is.

The General Rule: Two Years

Under California Code of Civil Procedure Section 335.1, personal injury victims generally have two years from the date of their injury to file a lawsuit. This applies to most common accidents: car crashes, slip and falls, dog bites, and more.

Important Exceptions

Government entities: If the at-fault party is a government agency, a city, county, or state entity, you must file a government tort claim within just six months of the incident before you can sue. This applies to accidents involving city buses, pothole injuries on public roads, and accidents in government buildings.

Discovery rule: In some cases, the clock does not start until you discovered (or reasonably should have discovered) the injury. This most commonly applies to cases involving delayed symptoms or medical malpractice.

Minors: If the victim is a minor, the statute of limitations is generally tolled (paused) until their 18th birthday, giving them until age 20 to file.

Wrongful death: Surviving family members generally have two years from the date of death to file a wrongful death claim.

Why You Should Not Wait

Even if you have two years, waiting creates serious problems: witnesses' memories fade, surveillance footage is overwritten within days or weeks, physical evidence is lost or destroyed, and insurance companies use delay as a reason to question the seriousness of your injury. Call an attorney as soon as possible after any accident.

← Back to Blog