California Personal Injury Statute of Limitations
California generally gives a person two years to commence an action for injury or death caused by another person’s wrongful act or neglect. That rule appears in California Code of Civil Procedure section 335.1.
The word generally matters. The correct deadline may be much shorter, may begin on a date other than the date of the incident, or may be governed by a different statute. Claims against public entities, medical-malpractice matters, claims involving minors, and other circumstances require separate analysis.
Do not use an online article to calculate your final filing date. Missing the applicable deadline can prevent a court from considering an otherwise valid claim.
The general California rule: two years
California Code of Civil Procedure section 335.1 provides a two-year period for an action involving assault, battery, or injury to—or the death of—an individual caused by another’s wrongful act or neglect.
That provision commonly arises in matters involving:
- Car, truck, motorcycle, bicycle, and pedestrian collisions
- Dangerous property conditions
- Dog bites and animal attacks
- Defective products
- Negligent acts causing bodily injury
- Wrongful death
The statute gives the general period, but it does not answer every question. A lawyer must still determine which causes of action exist, when each claim accrued, who the defendants are, whether another statute controls, and whether a recognized rule changes the calculation.
Primary source: California Code of Civil Procedure § 335.1
Why waiting until the deadline is dangerous
The filing deadline is not the only time concern in a personal-injury matter. Long before a limitations period expires:
- Surveillance or dash-camera footage may be overwritten.
- Vehicles and defective products may be repaired or destroyed.
- Roadway and property conditions may change.
- Witnesses may move or forget details.
- Insurance policies and potentially responsible parties must be identified.
- Medical evidence and future-care issues may require evaluation.
- A public-entity claim may be due.
Building a case can require substantial investigation. Contacting counsel shortly before an assumed deadline may not leave enough time to investigate, identify defendants, satisfy pre-suit requirements, and prepare a filing.
Claims involving a government entity may require action within six months
An injury involving a city, county, state agency, public employee, public transit operator, public school, dangerous roadway, or government vehicle may be subject to California’s Government Claims Act.
California Government Code section 911.2 generally requires a claim concerning death, personal injury, or personal-property injury to be presented to the public entity no later than six months after the cause of action accrues. This administrative claim requirement is different from filing a lawsuit in court.
The identity of the responsible public entity, the method of presenting the claim, the information required, the accrual date, the entity’s response, and later court deadlines can all matter. Sending a demand to an insurer or reporting an incident to police does not necessarily satisfy the statutory claim-presentation process.
California law has a procedure for seeking permission to present certain late claims, but it has additional requirements and is not a safe substitute for timely presentation. Government Code section 911.4 generally requires the application within a reasonable time not exceeding one year after accrual, subject to statutory rules. Whether relief is available is a legal question.
Primary sources: California Government Code § 911.2; California Government Code § 911.4
Medical-malpractice claims follow a different statute
California Code of Civil Procedure section 340.5 governs actions for injury or death against a healthcare provider based on professional negligence.
The statute generally describes a deadline of three years after the date of injury or one year after the plaintiff discovers—or through reasonable diligence should have discovered—the injury, whichever occurs first. It also identifies specific tolling circumstances and separate rules for minors.
Medical-malpractice deadline analysis can be especially technical. Issues may include whether the defendant qualifies as a healthcare provider under the statute, whether the conduct occurred in the rendering of professional services, the date of discovery, foreign objects, concealment, a minor’s age, and pre-suit notice.
Code of Civil Procedure section 364 generally requires at least 90 days’ prior notice before commencing a professional-negligence action against a healthcare provider and includes a timing provision when notice is served near expiration. This is not a do-it-yourself deadline extension.
Primary sources: California Code of Civil Procedure § 340.5; California Code of Civil Procedure § 364
> Publication note: Masjedi & Associates should not imply that it accepts medical-malpractice matters unless the firm confirms that practice area. This section can remain educational while directing readers to promptly consult qualified counsel.
Claims involving a minor require careful analysis
California Code of Civil Procedure section 352 provides that when a person entitled to bring certain actions is under the age of majority at the time the claim accrues, the period of minority is generally excluded from the limitations calculation.
That principle has important exceptions. Section 352 expressly states that its rule does not apply to actions against public entities or public employees that require presentation under the Government Claims Act. Medical-malpractice claims involving minors also have their own language in section 340.5.
The existence of a minor does not justify waiting. Evidence can still disappear, other parties may have separate claims or deadlines, and court approval may be required to resolve a minor’s claim.
Primary source: California Code of Civil Procedure § 352
What does “accrual” mean?
A statute of limitations usually runs from the date a cause of action accrues. In a straightforward accident case, the incident and injury may occur on the same date. Other cases can involve questions about when an injury occurred, when it was or should have been discovered, whether the harm continued, and which legal rule applies.
Accrual is not determined simply by when a person decided to contact a lawyer or when an insurance company denied a claim. It is a legal issue that depends on the claim and facts.
Does negotiating with an insurance company stop the clock?
Do not assume it does. An insurance claim, investigation, or settlement negotiation does not necessarily extend the time to file a lawsuit or satisfy a public-entity claim requirement.
Written agreements and specific legal rules can sometimes affect deadlines, but informal conversations, requests for documents, or a statement that a claim remains under review should not be treated as permission to miss a statutory filing date.
A practical deadline checklist
When evaluating an injury matter, identify:
1. The date and location of the incident.
2. The date each injury was discovered or diagnosed.
3. Every potentially responsible person, business, employer, manufacturer, and public entity.
4. Whether a government agency or public employee was involved.
5. Whether the matter concerns professional healthcare services.
6. The injured person’s age and legal capacity at relevant times.
7. Any prior notices, claims, denials, releases, or written agreements.
8. Whether the defendant left California, entered bankruptcy, or has another status that may affect proceedings.
9. The deadlines for every potentially viable cause of action—not merely the most obvious one.
10. The time required for investigation, pre-suit notice, claim presentation, and drafting.
This checklist helps organize questions; it does not calculate a deadline.
Frequently asked questions
Is the California personal-injury deadline always two years?
No. Section 335.1 contains a general two-year period for specified injury and death actions, but another statute, a different accrual rule, a public-entity claim requirement, or other circumstances may control.
How long do I have to make a claim against the City of Los Angeles?
A qualifying claim for personal injury or death against a public entity is generally subject to the six-month presentation rule in Government Code section 911.2. Determining the correct entity, accrual date, presentation method, and later lawsuit deadline requires individualized analysis.
Does being a minor automatically extend every deadline?
No. Although Code of Civil Procedure section 352 generally excludes the period of minority for certain actions, it expressly does not apply to specified public-entity claims. Medical-malpractice claims involving minors also have separate statutory rules.
What if I discovered the injury later?
Some claims may involve a discovery rule, while others use different accrual standards. The key question is not only when the person actually discovered the injury, but sometimes when reasonable diligence should have led to discovery. Obtain advice rather than assuming a later date applies.
Can the defendant agree to extend the deadline?
Parties sometimes enter written agreements affecting time limits, but enforceability and scope depend on the language and law. Never rely on an informal assurance.
What happens if the limitations period expires?
A defendant may assert the statute of limitations as a defense and seek dismissal. Exceptions or other claims may exist in some circumstances, but they should not be assumed. Immediate legal review is important.
Speak with a California personal injury attorney promptly
If you were injured in Los Angeles or elsewhere in California and are uncertain about a deadline, prompt review is important. Masjedi & Associates evaluates personal-injury matters and can discuss whether the firm may be able to assist.
Call (800) 800-6512 or use the firm’s contact form to request a consultation. Contacting the firm does not create an attorney-client relationship, and the firm is not representing you unless both sides confirm that relationship in writing.
Editorial disclaimer
This article provides general information, not legal advice. Statutes, cases, and agency procedures change. The correct deadline depends on the particular claims, parties, facts, accrual rules, tolling rules, and procedural requirements. Do not delay seeking advice because of anything stated here.