Personal Injury Statute of Limitations in California
Last verified 2026-07 · Source: Cal. Code Civ. Proc. § 335.1 ✓ verified · 3 sources
The deadline
2 years
from Date of injury, or when claimant discovers or through reasonable diligence should have discovered the injury and its cause, under Cal. Code Civ. Proc. § 335.1.
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California law sets a hard deadline of 2 years to file a personal injury lawsuit. The controlling statute is Cal. Code Civ. Proc. § 335.1, and the clock generally starts on Date of injury, or when claimant discovers or through reasonable diligence should have discovered the injury and its cause. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
California Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | Cal. Code Civ. Proc. § 335.1 |
| Car Accident | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
| Credit Card Debt | 4 yrs | Cal. Civ. Proc. Code § 337(a) |
| Medical Malpractice | 3 yrs | Cal. Code Civ. Proc. § 340.5 |
| Wrongful Death | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Dog Bite | 2 yrs | Cal. Civ. Code § 3342 (strict liability); SOL: Cal. Code Civ. Proc. § 335.1 |
| Slip and Fall | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Defamation | 1 yr | Cal. Code Civ. Proc. § 340(c) |
| Breach of Contract | 4 yrs | Cal. Code Civ. Proc. § 337 |
| Medical Debt | 4 yrs | Cal. Code Civ. Proc. § 337 |
When the Clock Starts
In California, the limitations period for personal injury lawsuits generally begins on Date of injury, or when claimant discovers or through reasonable diligence should have discovered the injury and its cause. California recognizes a discovery rule for this claim type: California applies the discovery rule broadly; the 2-year period begins when the plaintiff discovers, or through reasonable diligence should have discovered, both the injury and its negligent cause.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Government tort claim must be filed within 6 months of the incident with the relevant public entity (Cal. Gov. Code § 911.2); lawsuit may proceed only after claim rejection or 45-day waiting period
- Damage caps: No cap on compensatory damages for general PI; medical malpractice noneconomic cap at $350,000 (increasing to $750,000 by 2033 under AB 35)
Pure comparative fault — plaintiff may recover even if mostly at fault; recovery reduced by plaintiff's percentage of fault (Li v. Yellow Cab Co.). Minor tolling allows filing up to 2 years after reaching age 18, but the combined period cannot exceed 8 years from injury for most claims.
Source: Cal. Code Civ. Proc. § 335.1, official California statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for California government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How California Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| California | 2 years | Cal. Code Civ. Proc. § 335.1 |
| Oregon | 2 yrs | Or. Rev. Stat. § 12.110(1) |
| Nevada | 2 yrs | Nev. Rev. Stat. § 11.190(4)(e) |
| Arizona | 2 yrs | A.R.S. § 12-542 |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in California?
You have 2 years from Date of injury, or when claimant discovers or through reasonable diligence should have discovered the injury and its cause, under Cal. Code Civ. Proc. § 335.1.
Can I still sue after 2 years in California?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in California?
Yes. California applies the discovery rule broadly; the 2-year period begins when the plaintiff discovers, or through reasonable diligence should have discovered, both the injury and its negligent cause.
What if the victim was a minor?
California generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Government tort claim must be filed within 6 months of the incident with the relevant public entity (Cal. Gov. Code § 911.2); lawsuit may proceed only after claim rejection or 45-day waiting period
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Sources
- Official Cal. Code Civ. Proc. § 335.1 (California Legislative Information)
- Corroborating California Code of Civil Procedure § 335.1 (FindLaw)
- Corroborating California Personal Injury Laws and Statutes of Limitations (Nolo)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed California attorney.