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

What the Law Says

California law sets strict time limits — called statutes of limitations — for filing personal injury lawsuits. Missing the deadline usually means losing the right to sue, even if your case is strong.

The general rule is found in California Code of Civil Procedure section 335.1: you must file a lawsuit for personal injury within two years after the cause of action accrues — typically the date of the injury.

However, special rules apply in certain situations. For example, if your injury was caused by a government entity or employee, you must first file a government claim within six months under Government Code section 911.2. Only after that claim is rejected (or deemed rejected after 45 days) can you file a lawsuit — and even then, you must file suit within six months of the rejection.

The 'discovery rule' may extend the deadline if the injury or its cause wasn’t reasonably discoverable at the time it occurred. In those cases, the clock starts when the plaintiff discovers — or should have discovered — the injury and its wrongful cause. But under CCP § 340.5, for medical malpractice, the limit is generally three years from the injury or one year from discovery — whichever comes first.

For minors, the statute is tolled (paused) until they turn 18, but only up to age 20 — meaning a minor injured at age 5 has until their 20th birthday to file, unless an exception applies.

Statutory Text

Within two years: An action for assault, battery, or injury to or for the death of a person caused by the wrongful act or neglect of another.

— Code of Civil Procedure, s. 335.1 — Actions subject to two-year limitation

Statutory Text

A claim relating to a cause of action for death or injury to person or property shall be presented as provided in this chapter not later than six months after the accrual of the cause of action.

— Government Code, s. 911.2 — Time for presentation of claim

Statutory Text

In an action for injury or damage against a health care provider based upon such person's alleged professional negligence, the time for the commencement of the action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.

— Code of Civil Procedure, s. 340.5 — Medical malpractice

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