What Is the Statute of Limitations in California Personal Injury Cases?

Reviewed by Adrianos Facchetti, Esq. California State Bar No. 243213. This article was reviewed for legal accuracy and general informational value.

What Is the Statute of Limitations in California?

“Statute of limitations” refers to the deadline within which a plaintiff must file a lawsuit. Beyond this deadline, one may not be allowed to file suit regardless of their potential success rate. The statute of limitations in California differs depending on the claim brought as well as the defendant against whom it is brought.

Where a case involves personal injury in California, there is a statute of limitations of two years starting from the date of injury. However, there are several exceptions within which the deadline could be shorter than two years, particularly if a government entity, government worker, or its vehicle was involved in the incident.

In discussing statute of limitations in California, we consider the period after which the suit must be filed in personal injury cases only. Personal injuries are the most relevant where there has been an accident. The following sections explain the different periods under various circumstances.

Limitation Period for Personal Injury in California

According to California Code of Civil Procedure § 335.1, the statute of limitation in personal injury cases in California provides that a case must generally be filed within two years from the date of the accident. That covers all types of accidents, such as auto accidents, pedestrian accidents, motorcycle accidents, slip and fall accidents, dog bites, and other instances where another person was negligent and you were hurt.

Even though two years may seem like a lot of time, in practice it is a lot less since you have to build your case, collect medical records, and discuss everything with the insurance adjuster. Starting the preparation right before the end of the two-year period gives you a definite disadvantage, which will be discussed later in the article.

It should also be noted that the two-year period begins as of the date of the accident, not the date you decide to make a claim and not the date of completing the claim investigation by an insurance adjuster.

What If Someone Died From the Accident?

In general, wrongful death claims are subject to a two-year statute of limitations, starting from the date of death under California Code of Civil Procedure § 335.1. It is an independent legal action compared to a personal injury case, which is brought forth by survivors and not by the victim.

This is one of the cases where facts play a key role in determining how things will proceed. When there is even the possibility that a government entity shares liability for the wrongful death, then the six-month statute of limitations described above might apply. The thing here is that it does not depend on the regular two-year statute of limitation for a wrongful death lawsuit.

What About a Potential Liability From a Government Agency?

This deadline is the one that catches people by surprise the most and needs much more attention than many publications provide it with.

If the liability lies on a city, county, state agency, a public school, a transit authority, or any other governmental body as a result of dangerous road condition, an accident involving a governmental vehicle, or the negligence of a public servant, California requires a filing of a formal claim within six months after the injury occurred, according to California Government Code § 911.2.

The time limit of six months is much less than the usual two years, and this requirement should be fulfilled in addition to, not instead of, the lawsuit deadline. In case your claim is denied by the governmental body, you’ll have another time period to file the lawsuit, which is regulated by California Government Code § 945.6 and usually takes six months from the date of denial.

Thus, pothole-related accidents, accidents involving a public transportation vehicle, and injuries that took place on government property will imply a truly narrow timeframe that few people think about when the time comes.

If You Also Suffer from Property Damage?

Personal property damages cases, including claims like auto repair charges, are subject to a different statute of limitation compared to a claim based on personal injury. The statute of limitation applicable to property damage claims includes California Code of Civil Procedure § 338 and provides a period of three years.

Thus, your personal injury and property damage claims might have two separate statutes of limitation. However, practically all victims file both of these claims within one overall process, but it is important to note that these may not be the same periods, depending on particular case specifics.

Is There Any Way to Stop or Extend the Statute of Limitations?

Under some conditions, California law permits the statute of limitations clock to be tolled, meaning stopped. This does not happen very often and is only applicable under certain conditions.

Tolling can be applicable in cases where the victim was under age at the time of injury, as the clock will not run until the victim turns 18 years old. Tolling can also be applicable if the victim was mentally incapacitated and did not have the ability to pursue legal claims for his or her injuries.

It is important not to assume any of these conditions are automatically relevant to your case. Whether tolling can apply to your case and its effect on your deadline depends on the details, which is exactly what a lawyer would help you figure out.

What Is the Discovery Rule?

The discovery rule relates to those instances where there is no immediate awareness of an injury or its causes. The statute of limitation clock may therefore commence at the time the injury was discovered or reasonably ought to have been discovered, as opposed to the actual date of the underlying event.

An illustration of how this works would be a workplace scenario, where an individual may not be aware for several months down the line of having suffered injury due to some defective machinery, as opposed to his or her own fault. Similarly, a person could be exposed to some toxic substance but only realize years later after developing an ailment and consulting with a doctor the source of his condition.

This rule is, however, implemented with a lot of caution and is not meant to be used as a wide-ranging safety net. Its application in any instance will thus be dependent upon what a reasonable person would know in the circumstances.

What Happens When You Miss the Deadline?

If you fail to file your lawsuit within the statute of limitations, you will most likely not have the legal right to file it at all, regardless of the strength of the case. The defendant can use the expiration of the statute as an absolute defense, and the case will most likely come to an end at that point.

Nonetheless, even if you aren’t sure about whether the statute has expired, whether you are dealing with an exception to it, and whether you are aware of the proper deadline to file the particular kind of claim, it will still be better to get an answer directly to this effect rather than assume the worst.

Why You Don’t Need to Wait for the Deadline

Although you still have plenty of time left in terms of legal deadlines, there are real consequences of waiting that are not tied to the passage of time.

Security tapes from local businesses get overwritten after days or weeks pass, long before it matters whether or not you are approaching a legal deadline. Witnesses get lost to time or memory fades. Insurance companies might drag their feet when it comes to their own investigations because of the advantages this might provide. Medical information and medical history become increasingly difficult to tie back to the initial injury as time passes.

All of this doesn’t mean that you need to act hastily. It just means that it is better to build a foundation sooner rather than later.

Examples of California Personal Injury Deadlines

This table reflects general rules, not a guarantee for any specific case. Every situation depends on its own facts, and exceptions like tolling or the discovery rule can change how these timelines actually apply.

When Should I Consult a Personal Injury Attorney in California?

If you are uncertain about which filing period would apply in your case, particularly where a governmental agency is involved, or if you feel that there is time pressure, it is important to get a direct response to avoid limiting your possibilities.

The Law Offices of Adrianos Facchetti assists injured individuals all across California, such as a Los Angeles personal injury lawyer, as well as cases involving car accidents, pedestrian accidents, motorcycle accidents, truck accidents, and wrongful death claims for those who have lost their loved ones.
Free Consultation. No fees until we recover money for you. Please call (626) 793-8607, available 24/7.