Understanding California's Statute of Limitations for Injury Claims

Of all the ways a strong injury case can be lost, the most avoidable is running out of time. California's filing deadlines are strict, and once one passes, the merits of the case usually stop mattering. This is general information, not legal advice — deadlines vary with the facts, so specific dates should be confirmed with an attorney.

The general rule: two years

Under California Code of Civil Procedure section 335.1, an action "for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another" must be brought within two years.

That two-year period covers the great majority of personal injury matters — car, motorcycle, pedestrian, bicycle, and rideshare collisions, slip and falls, dog bites, and wrongful death claims.

Claims for property damage are governed separately and generally carry a three-year deadline, which is why a vehicle-damage claim and an injury claim from the very same crash can expire on different dates.

The exception that catches people: government claims

If your claim is against a public entity — a city, county, transit agency, school district, or the state — the ordinary two-year clock is not the operative deadline. You must first present a written claim to the entity.

Under Government Code section 911.2, a claim for death or injury to person or personal property must be presented no later than six months after the cause of action accrues. Claims relating to other causes of action carry a one-year presentation deadline.

Six months arrives far sooner than most injured people expect. Collisions with a city bus, crashes caused by a dangerous roadway condition, and injuries on public property all fall into this category — which is why these matters need evaluation early rather than after an insurance negotiation stalls.

Other situations that change the deadline

• Minors. The limitations period is generally tolled during minority, so the clock typically does not run in the usual way while the injured person is under 18. Government claim requirements still demand prompt attention.
• The discovery rule. For some injuries that could not reasonably have been discovered right away, the period may begin when the harm was discovered or should have been discovered.
• Defendant absent from the state. Certain periods of absence may not count toward the limitations period.
• Medical malpractice and claims against specific defendants follow their own specialized rules and shorter timelines.

Why waiting hurts long before the deadline

Even inside the limitations period, delay quietly damages claims. Surveillance footage is overwritten in days. Witnesses move and memories fade. Vehicles are repaired or salvaged. Skid marks and roadway conditions change. And gaps in medical treatment give insurers a ready argument that the injury was not serious.

Preserving evidence early is often what separates a well-documented claim from a contested one — a point that also shapes how long a case ultimately takes.

What happens if the deadline passes

If a lawsuit is filed after the limitations period, the defense will typically move to dismiss it, and courts generally enforce these deadlines strictly. Exceptions exist, but they are narrow and fact-specific — not something to count on.

If you are unsure which deadline applies to your situation, it costs nothing to ask. Our California injury attorneys can identify the operative dates and whether a government claim requirement is in play.