California Personal Injury Statute of Limitations
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).
Don't wait for the last day. Weekends, court holidays, and exceptions can change the exact date.
California's main injury deadlines
| Situation | Deadline | Law |
|---|---|---|
| Personal injury lawsuit (car accident, slip and fall, assault) | 2 years from the injury | CCP §335.1 |
| Wrongful death lawsuit | 2 years from the death | CCP §335.1 |
| Property damage (vehicle, belongings) | 3 years | CCP §338(c)(1) |
| Claim against a public entity for injury | 6 months from the injury | Gov. Code §911.2 |
| Lawsuit after a public entity rejects your claim in writing | Generally 6 months from the rejection notice | Gov. Code §945.6 |
| Injured person was under 18 | The 2 years don't start until 18 (not for government claims) | CCP §352 |
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.
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.
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
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
Damage to property, like your car, has a three-year limit in California. Injuries to you have two years.
CCP §338(c)(1)
Sources
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.