If you have been injured because of another person’s negligence or wrongful conduct in California, you may have the right to seek compensation for losses such as medical expenses, lost income, property damage, and pain and suffering.
However, there is an important legal deadline to understand: the California personal injury statute of limitations.
A statute of limitations is a legal time limit for starting a lawsuit. In many ordinary California personal injury cases, the deadline is two years from the date of the injury. California law also provides different deadlines and special rules for certain types of cases, including medical malpractice claims and claims involving government entities.
Missing an applicable deadline can have serious consequences. In some circumstances, a defendant can raise the statute of limitations as a defense, potentially preventing a claim from moving forward.
This guide explains how the California personal injury statute of limitations generally works, when the two-year rule applies, exceptions that may affect the deadline, and common questions injured people ask about filing a lawsuit.
California Personal Injury Statute of Limitations at a Glance
The deadline depends on the type of claim and the circumstances involved.
| Type of claim | General deadline |
|---|---|
| Ordinary personal injury | Generally 2 years from the date of injury |
| Medical malpractice | Generally the earlier of 1 year from discovery of the injury or 3 years from the injury, subject to exceptions |
| Injury claim against a covered government entity | Generally a claim must be presented within 6 months; additional lawsuit deadlines apply |
| Certain childhood sexual assault claims occurring on or after January 1, 2024 | No time limit under California Code of Civil Procedure section 340.1 |
These are general rules, not universal deadlines. A particular case may involve a different statute, tolling, delayed discovery, or another exception.
What Is a Statute of Limitations?
A statute of limitations is a law that establishes a deadline for filing a lawsuit.
The purpose of these deadlines includes encouraging people to bring legal claims while evidence is still reasonably available and witnesses’ memories are relatively fresh.
For personal injury cases, the applicable statute of limitations can determine whether a lawsuit can still be filed.
It is important to understand that several different actions are not necessarily the same as filing a lawsuit. For example:
- Reporting an accident does not necessarily start a lawsuit.
- Filing an insurance claim does not necessarily preserve a lawsuit indefinitely.
- Receiving medical treatment does not automatically extend a legal deadline.
- Negotiating with an insurance company does not automatically stop the statute of limitations.
- Making a police report is not the same as filing a civil lawsuit.
The exact deadline depends on the type of legal claim and the circumstances surrounding the injury.
How Long Do You Have to File a Personal Injury Lawsuit in California?
For many ordinary personal injury claims, California law provides a two-year statute of limitations.
California Code of Civil Procedure section 335.1 generally establishes a two-year period for actions involving injury to, or death of, an individual caused by another person’s wrongful act or neglect. California Courts also identifies two years from the injury as the general deadline for personal injury cases.
Example: A California Car Accident
Suppose a driver causes a collision on August 19, 2026, and another person suffers injuries in the crash.
If the ordinary two-year statute of limitations applies, the injured person generally has until approximately August 19, 2028, to commence a lawsuit.
That does not mean waiting until the last possible day is a good idea.
An injury claim may require time to investigate the accident, identify potentially responsible parties, collect evidence, review medical records, assess damages, and determine which legal deadlines apply.
A different deadline may also apply if the case involves special circumstances.
Does the Statute of Limitations Start on the Date of the Accident?
For many straightforward personal injury claims, the limitations period is generally measured from the date the injury occurs.
For example, if a person suffers a broken arm in a car crash, the injury and its date are usually apparent.
However, not every injury is immediately obvious. Some injuries or their causes may not be discovered until later. In those situations, California law may provide rules that affect when the limitations period begins.
This is sometimes associated with the delayed discovery rule.
Because accrual and delayed discovery can be fact-specific, an injured person should not automatically assume that the deadline is simply two years from the date the injury was discovered.
What Is the Delayed Discovery Rule in California?
The delayed discovery rule can affect certain claims when an injury or its connection to another person’s conduct was not reasonably discoverable when it occurred.
In general terms, California Courts explains that when a problem such as an injury is not discovered right away, the statute of limitations may, depending on the circumstances, begin when the problem was discovered or reasonably should have been discovered.
Example of a Delayed Injury
Imagine that someone experiences an accident but initially believes that minor symptoms will disappear. Several months later, the person learns that the symptoms may be related to an underlying injury caused by the accident.
The applicable deadline may require analysis of when the injury and its cause were discovered or reasonably should have been discovered.
However, delayed discovery does not automatically extend every personal injury deadline. The specific claim, applicable statute, and facts must be considered.
Are All California Personal Injury Claims Subject to the Two-Year Rule?
No.
The two-year period is the general rule for many ordinary personal injury claims, but California has different statutes of limitations for particular types of cases.
Some claims also involve additional procedural requirements that must be satisfied before a lawsuit can proceed.
Two particularly important examples are medical malpractice and claims against government entities.
California Medical Malpractice Statute of Limitations
Medical malpractice claims generally follow a different statute of limitations from ordinary personal injury cases.
Under California Code of Civil Procedure section 340.5, a claim against a health care provider based on professional negligence generally must be filed by the earlier of:
- One year after the plaintiff discovers, or reasonably should have discovered, the injury, or
- Three years after the date of the injury.
The statute contains specific exceptions, including circumstances involving fraud, intentional concealment, or certain foreign objects left in the body.
Medical Malpractice Notice Requirement
There is also an important notice requirement.
Before filing a medical malpractice lawsuit against a health care provider, California law generally requires the plaintiff to provide at least 90 days’ advance written notice of the intention to sue.
The notice requirement is separate from the statute of limitations and can interact with the filing deadline in certain circumstances.
Because medical malpractice cases involve specialized deadlines and procedural requirements, they should not simply be treated as ordinary two-year personal injury claims.
Personal Injury Claims Against California Government Entities
A claim involving a government entity can have a significantly different timeline.
California’s Government Claims Act generally requires a claim for death, personal injury, or injury to personal property against a covered public entity to be presented within six months after the claim accrues.
This is an important distinction:
The six-month period is generally a claim-presentation deadline, not simply a six-month statute of limitations for filing a lawsuit.
Depending on what happens after the claim is presented, additional deadlines apply to filing the lawsuit.
Example: Injury Involving a Government Agency
Suppose someone is injured because of an allegedly dangerous condition involving a public facility.
The person should not automatically assume that the ordinary two-year personal injury deadline applies.
A government claim may need to be presented within six months. If the claim is rejected in writing, California law generally provides six months from the date the rejection notice is personally delivered or deposited in the mail to commence the lawsuit. If written rejection notice is not given, different timing rules can apply.
Government claims therefore deserve prompt attention.
California Courts specifically warns that claims against state or local government agencies can involve additional deadlines.
What If the Injured Person Is a Minor?
California has special rules that can affect the calculation of statutes of limitations when an injured person is a minor.
However, it would be misleading to say that every child automatically has the same extended period to file a personal injury lawsuit.
California’s tolling statutes contain exceptions, and other laws may provide specific deadlines for particular types of claims.
For example, California law contains a separate provision addressing personal injuries sustained before or during a person’s birth, while other claims may be governed by different provisions.
Government claims can also involve special rules that should be considered separately.
If a child was injured, the deadline should be evaluated based on the specific claim rather than assuming that the ordinary two-year rule—or a blanket extension—applies.
What About Childhood Sexual Assault Claims?
Certain claims involving childhood sexual assault are subject to specialized California laws.
For qualifying childhood sexual assault occurring on or after January 1, 2024, California Code of Civil Procedure section 340.1 provides that there is no time limit for certain specified civil actions arising from that conduct.
The law also distinguishes claims based on when the alleged childhood sexual assault occurred. Claims involving conduct that occurred before January 1, 2024 can be subject to different rules.
This is an area where the specific facts and date of the alleged conduct are particularly important.
What Happens If You Miss the California Personal Injury Deadline?
If the applicable statute of limitations has expired, the defendant may raise the statute of limitations as a defense.
Depending on the circumstances, a court may dismiss a lawsuit that was filed after the applicable deadline.
For example, suppose someone suffers an injury in an ordinary negligence case and waits more than two years to file a lawsuit. If no exception or tolling rule applies, the defendant may argue that the claim is barred by the applicable statute of limitations.
This is why it is risky to assume that a valid injury claim can be filed at any time.
Does Filing an Insurance Claim Extend the Statute of Limitations?
Generally, an insurance claim and a lawsuit are separate processes.
Reporting an accident to an insurance company does not automatically extend the deadline for filing a lawsuit.
Example
Suppose someone is injured in a California car accident and spends months communicating with the other driver’s insurance company.
The insurance company may continue reviewing the claim or negotiating a potential settlement. That does not necessarily mean the legal deadline for filing a lawsuit has been extended.
An injured person should not assume that settlement negotiations, an insurance claim, or a verbal agreement with an insurance representative automatically stops the statute of limitations.
Does a Police Report Preserve a Personal Injury Claim?
No.
A police report can be useful evidence following an accident, particularly when it documents information about the incident, the people involved, or statements made at the scene.
However, a police report is not the same thing as filing a civil lawsuit.
Similarly, medical records, photographs, witness statements, and insurance correspondence can be important evidence without themselves commencing a lawsuit.
Why Is It Important to Act Promptly After an Injury?
Even if you believe you have plenty of time before the statute of limitations expires, waiting can make a claim more difficult to investigate.
Evidence can disappear. Surveillance footage may no longer be available. Witnesses may move or have difficulty remembering what happened. Important documents can also become harder to locate.
Acting promptly can provide more time to determine:
- What caused the injury?
- Who may be legally responsible?
- What type of claim may apply?
- Which statute of limitations governs the claim?
- When did the claim accrue?
- Could delayed discovery or tolling affect the deadline?
- Does a government entity or employee have an involvement?
- Are there special notice requirements?
- What evidence may support the claim?
These questions are often more complicated than simply counting two years from the date of an accident.
Common Questions
How long do I have to sue after a car accident in California?
For many ordinary personal injury claims arising from a car accident, the general deadline is two years from the date of the injury. However, the applicable deadline can vary depending on the facts and parties involved.
Can I file a personal injury lawsuit after two years?
Possibly, depending on the circumstances.
The two-year period applies to many ordinary personal injury claims, but exceptions, tolling rules, delayed discovery principles, and specialized statutes may affect the deadline.
A person should not assume that a claim is automatically expired—or automatically preserved—without evaluating the circumstances.
How long do I have to sue for medical malpractice in California?
Medical malpractice claims generally must be filed by the earlier of one year after the injury was discovered or reasonably should have been discovered, or three years after the injury, subject to statutory exceptions. A 90-day advance written notice requirement generally also applies.
How long do I have to file a claim against a California government agency?
For a covered claim involving death, personal injury, or personal property damage, a claim generally must be presented to the public entity within six months after accrual.
Additional deadlines can apply after the claim is rejected or otherwise resolved.
Does an insurance claim stop the statute of limitations?
Not automatically.
An insurance claim is different from filing a lawsuit, and an injured person should not assume that insurance negotiations extend the legal deadline.
What if I did not discover my injury immediately?
Certain California claims may be affected by delayed discovery principles when an injury or its cause was not reasonably discoverable at the time it occurred.
However, delayed discovery is not a universal exception to the statute of limitations. The specific claim and circumstances matter.
What if the injured person is a child?
Special rules may affect the statute of limitations when the injured person is a minor, but the applicable rules depend on the type of claim and can contain exceptions.
Parents and guardians should not assume that the ordinary two-year rule—or an automatic extension—applies without examining the specific circumstances.
Key Takeaways
Understanding the California personal injury statute of limitations can help you recognize why legal deadlines matter.
The most important points are:
- Two years is the general deadline for many ordinary California personal injury claims.
- Medical malpractice claims generally have a different deadline, often involving one year from discovery or three years from injury, whichever occurs first, subject to exceptions.
- Claims involving California government entities can require a claim to be presented within six months, followed by additional rules governing when a lawsuit must be filed.
- Certain childhood sexual assault claims occurring on or after January 1, 2024 are subject to specialized rules and may have no time limit under California law.
- Delayed discovery and tolling can affect some claims, but they do not automatically apply to every injury.
- Filing an insurance claim does not automatically extend the statute of limitations.
- A police report or medical treatment is not a substitute for commencing a lawsuit.
- The deadline should be determined based on the specific facts and legal claim, rather than relying solely on the general two-year rule.
Contact Southwest Legal
When Should You Get Legal Guidance?
If you have been injured in California, understanding the applicable statute of limitations is an important first step. The correct deadline can depend on what happened, when the injury occurred or was discovered, who may be responsible, and whether special rules apply.
If you are uncertain about the deadline for a potential personal injury claim, consider seeking legal guidance as soon as reasonably possible. Getting information early can give you more time to understand the applicable deadlines and preserve relevant evidence.
If you have questions about a California personal injury claim or its filing deadline, contact Southwest Legal today for a free consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. No attorney-client relationship is formed unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.