California Personal Injury Statute of Limitations

By Ray Tolu Last verified October 12, 2026 Code of Civil Procedure §335.1 · Government Code §911.2

Quick answer: In California you have 2 years from the date of the injury to file a personal injury lawsuit. That covers car accidents, slip and falls, and most other injuries caused by someone's negligence (Code of Civil Procedure §335.1).

If a city, county, state agency, or other public entity is responsible, the deadline is much shorter: you must file a written claim with the agency within 6 months (Government Code §911.2).

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Find your filing deadline

Was the injured person under 18?
Last day to file
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Don't wait for the last day. Weekends, court holidays, and exceptions can change the exact date.

California's main injury deadlines

SituationDeadlineLaw
Personal injury lawsuit (car accident, slip and fall, assault)2 years from the injuryCCP §335.1
Wrongful death lawsuit2 years from the deathCCP §335.1
Property damage (vehicle, belongings)3 yearsCCP §338(c)(1)
Claim against a public entity for injury6 months from the injuryGov. Code §911.2
Lawsuit after a public entity rejects your claim in writingGenerally 6 months from the rejection noticeGov. Code §945.6
Injured person was under 18The 2 years don't start until 18 (not for government claims)CCP §352
Source: California Code of Civil Procedure and Government Code.

The 6-month government claim trap

Crashes with a city bus, a pothole on a county road, a fall in a public building: these all involve a public entity. Before you can sue, you have to present a written claim to that entity within six months. If you wait until month seven because you thought you had two years, you can lose the case before it starts.

The entity usually has 45 days to act on the claim. If it sends a written rejection, you generally have six months from that notice to file a lawsuit.

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When the injured person is a child

Under CCP §352, time while the injured person is under 18 doesn't count. A child hurt at 12 generally has until age 20 to sue. That pause doesn't apply to claims that must first be presented to a public entity, so the 6-month government claim rule still runs for children.

Common questions

Does the 2-year deadline apply to car accidents in California?

Yes. A lawsuit for injuries from a car accident falls under the 2-year rule in CCP §335.1. If a government vehicle or a road defect is involved, the 6-month claim deadline comes first.

What if I didn't know I was hurt right away?

California courts apply a "discovery rule" in some cases, which can start the clock when you discovered, or should have discovered, the injury. Whether it applies depends on the facts. Don't count on it without talking to a lawyer.

Is a workers' comp claim the same deadline?

No. For a job injury you first have to give your employer written notice within 30 days (Labor Code §5400). See our California workers' comp calculator and what to do if you're hurt at work.

What people run into

These questions come up again and again in online forums. Here's what the law says.

"They didn't serve me within two years, so I'm in the clear."

In California the lawsuit only has to be filed within the deadline. After filing, the plaintiff generally has three years to serve the defendant.

CCP §§335.1, 583.210

"I have two years to file a claim against the city."

No. A claim against a city, county, or other public entity for an injury has to be presented within six months. The two-year rule applies to most other injury lawsuits.

Gov. Code §911.2

"My car damage claim has the same two years."

Damage to property, like your car, has a three-year limit in California. Injuries to you have two years.

CCP §338(c)(1)

Sources

Ray Tolu builds the tools on InjuryByState and checks every number and deadline against the law or agency that sets it. He is not a lawyer. Read how we check our information in the editorial policy.

This tool estimates general filing deadlines under California law. It is not legal advice. Exceptions can shorten or extend your deadline. If your date is close, talk to a California attorney right away.