The California personal injury statute of limitations gives you two years from the date of your injury to file a lawsuit. That rule, set by Code of Civil Procedure section 335.1, is one of the most unforgiving deadlines in California civil law. Miss it, and a court will almost certainly dismiss your case permanently — no matter how clearly the other side was at fault and no matter how serious your injuries are.
Two years sounds generous until you have spent months in treatment, physical therapy, and back-and-forth with an insurance adjuster who keeps asking for “just one more document.” This guide walks through exactly how the two-year clock works, when it starts, the exceptions that can pause or delay it, and the one trap — claims against government entities — that shortens your time to six months.
The Two-Year Rule: CCP 335.1
Code of Civil Procedure section 335.1, in force unchanged since January 1, 2003, reads in full:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
One sentence covers the overwhelming majority of California injury lawsuits: car and truck crashes, slip-and-falls, dog bites, bicycle and pedestrian accidents, assault and battery, product defect injuries, and wrongful death. “Wrongful act or neglect” reaches both negligence claims and intentional torts, so the same two-year clock governs the drunk driver who hits you and the property owner who never repaired a broken stairway.
One important boundary: this rule does not cover every claim that follows an injury. Property damage claims get three years under CCP section 338(b). Medical malpractice has its own much tighter scheme under CCP section 340.5 — one year from discovery or three years from the act, whichever comes first. Identify your claim type first, then pick the right clock.
When the Clock Starts: Accrual
In the ordinary case, the clock starts on the date the injury occurred — the date of the crash, the fall, the bite. Not the date a doctor diagnosed the injury, not the date an insurance adjuster contacted you, and not the date you decided to pursue legal action. All the elements of the claim are present the moment the wrongful act and the injury coincide, and the two years run from there.
Wrongful death claims follow a related but distinct trigger: the two-year period runs from the date of death, not from the date of the act that caused the death. If a loved one survived for weeks after an accident before passing, the family has two years from the date of death to file the wrongful death action.
Worked Example: Counting Your Two Years
Say you are rear-ended on Saturday, October 24, 2026, and walk away with a herniated disc. Your lawsuit against the other driver must be filed on or before Tuesday, October 24, 2028 — two calendar years later.
Or take an injury on Monday, June 15, 2026: the filing deadline is Thursday, June 15, 2028. The deadline lands on the same calendar date, two years out, whatever day of the week that is. If the final day falls on a day the court is closed, California’s counting rules can shift the effective date — but that is a thin reed to hang a claim on. Treat the two-year anniversary of your injury as an absolute backstop and file weeks early, not hours early.
Note what “filed” means: the complaint must be filed with the court by the deadline. Serving the defendant comes later, on its own timeline. The filing date is what stops the statute of limitations clock.
The Delayed Discovery Exception
The main modification to the two-year rule is the delayed discovery doctrine. Some injuries do not reveal themselves on the day of the wrongful act. Think of a toxic exposure that causes illness years later, a medical device that fails silently, or a defendant who actively concealed what caused your harm.
When the discovery rule applies, the two years do not begin until you knew, or through reasonable diligence should have known, about the injury and its connection to the defendant’s conduct. California courts apply this narrowly. It protects people who could not have discovered the injury sooner — not people who simply never looked into facts they already had. If you knew you were hurt and had reason to suspect who caused it, the clock started on the injury date, whether or not you had connected every dot.
This is also where insurance negotiations get dangerous. Talking to an adjuster does not pause the statute of limitations. People have negotiated for eighteen months, watched the two-year mark pass, and discovered the settlement window closed with it. If you miss a court deadline, the consequences are severe — for the statute of limitations, they are usually final.
Tolling: When the Clock Pauses
California recognizes several situations where the two-year clock pauses — legally, it is “tolled” — while the obstacle lasts:
- Minors (CCP 352(a)). The clock does not begin for a child until their 18th birthday, effectively giving them until age 20 to file. Note one sharp edge: minority does not toll the six-month government-claim deadline (CCP 352(b)).
- Mental incapacity. If the injured person was legally incapacitated, the clock is paused until capacity is restored.
- Defendant leaves the state (CCP 351). If the at-fault party leaves California after the injury and before you file, the limitations period is tolled during their absence — they cannot run out the clock from another state.
- Fraudulent concealment. A defendant who actively hid the wrongdoing does not get to benefit from their own deception; the clock starts when the misconduct is discovered.
Tolling arguments are fact-specific and heavily litigated. Never assume one applies to your case — verify it with a lawyer before relying on it.
The Six-Month Trap: Claims Against Government Entities
The biggest exception of all runs in the other direction — it shortens your time. If your injury involves a public entity — a city, a county, Caltrans, a transit district, or a public school district — the two-year rule is preceded by a much earlier gate: under Government Code section 911.2, you must present a written administrative claim within six months of the injury.
This claim is a prerequisite to filing suit (Government Code section 945.4). Miss the six-month claim window and you generally lose the right to sue, even if the two-year lawsuit deadline is far in the future. After you present the claim, the entity has 45 days to act on it (section 912.4), and once it mails a written rejection, your lawsuit must be filed within six months of that mailing (section 945.6).
Slip on a broken public sidewalk, collide with a city bus, get hurt in a public park — the six-month clock starts immediately. If any government involvement is even possible, calendar the six-month date first and investigate later.
What About Medical Malpractice?
Malpractice against a medical provider follows CCP section 340.5, not 335.1: the lawsuit must be filed within one year of discovery of the injury, or three years from the date of the act — whichever is earlier. The shorter window controls, so a malpractice claim can expire long before the two-year mark you might expect from the general rule.
What Happens If You Miss the Deadline
A personal injury lawsuit filed after the limitations period expires is, in the ordinary case, dead on arrival. The defendant will raise the statute of limitations as a defense and move to dismiss, and the court will grant it regardless of the evidence. The same bar applies to settlements: once the deadline passes, there is no leverage to compel one. The policy behind the rule is practical — memories fade, evidence degrades, and nobody should have to defend a stale claim indefinitely — but for the plaintiff who missed the date, the result is absolute.
California Personal Injury Statute of Limitations: FAQs
Does the two-year rule apply to wrongful death cases?
Yes. Under the same statute, CCP 335.1, a wrongful death action must be filed within two years of the date of death, not the date of the underlying injury. Families should calendar from the death certificate date.
What if my injury did not show up until months later?
That is the delayed discovery doctrine: the clock may start when you discovered, or reasonably should have discovered, the injury and its cause rather than on the accident date. Courts apply it narrowly, so document when and how you first learned of the connection. For a straightforward car crash with immediate injuries, the clock started on the crash date. Once a case is filed, a second clock starts: our California discovery cutoff guide explains the 30-day close-of-discovery and 15-day motion-hearing rules under CCP 2024.020.
Does the deadline change if the injured person is a child?
Yes — the limitations period is tolled until the child’s 18th birthday under CCP 352(a), which effectively extends the deadline to age 20 for claims against private defendants. But this tolling does not apply to the six-month government claim requirement, so act fast if a public entity is involved.
I was hurt on city property. Do I still get two years?
The two-year lawsuit deadline exists, but you cannot reach it without first presenting a written government claim within six months of the injury under Government Code 911.2. The six-month requirement is the one that traps most people, because it arrives while the two years still feel comfortable.
Can negotiating with the insurance company extend my deadline?
No. Settlement talks do not toll the statute of limitations. The insurer has no duty to warn you the deadline is approaching, and once the two years expire, your leverage to force a settlement evaporates with the claim.
How should I calculate the exact last day?
Count two calendar years forward from the injury date — but do not aim for the last day. File early enough that a calendaring slip cannot cost you the case. Run the date through our California court deadline calculator to double-check your math, and read our guide on California answer deadlines to understand what happens after a lawsuit is filed — including the 30-day window a served defendant gets to respond.
This guide is general information about California filing deadlines, not legal advice. Statutes of limitations turn on the specific facts of each case — claim type, discovery date, tolling, and whether a government entity is involved. Consult a California attorney to determine the exact deadline that applies to you.