Experienced Personal Injury Attorneys
Statute of Limitations for Personal Injury Cases in California
Time is one of the most critical factors in any personal injury case. California law sets strict deadlines for filing lawsuits, and missing these deadlines can permanently destroy your right to compensation—no matter how strong your case may be. If you’ve been injured in a car accident in Diamond Bar, a slip and fall, or any other incident caused by someone else’s negligence, understanding the statute of limitations is essential to protecting your legal rights.
The Two-Year Rule
Under California Code of Civil Procedure § 335.1, the standard statute of limitations for personal injury cases is two years from the date of injury. This applies to most accident claims, including:
- Car, truck, and motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Dog bites
- Assault and battery
- Other negligence-based injuries
The two-year clock typically begins running on the date the injury occurs. For a car accident that happened on March 1, 2024, you would generally need to file your lawsuit in California Superior Court by March 1, 2026. Filing even one day late can result in your case being permanently dismissed.
Wrongful Death Claims
If a loved one died due to someone else’s negligence, California allows surviving family members to file a wrongful death claim. The statute of limitations for wrongful death is also two years, but the clock starts on the date of death—not necessarily the date of the accident that caused the fatal injuries.
Claims Against Government Entities
Different and much shorter deadlines apply when your claim involves a California government entity, such as a city, county, or state agency. These cases might include accidents on poorly maintained public roads, injuries on government property, or collisions involving government vehicles.
Under the California Government Claims Act, you must file an administrative claim with the responsible government agency within six months of the injury date. This is not a lawsuit—it’s a prerequisite to filing a lawsuit. The agency then has 45 days to respond.
If your administrative claim is denied, you have six months from the denial date to file a lawsuit in court. If the agency fails to respond within 45 days, your claim is deemed denied, and you have two years from the original injury date to file suit.
Missing the six-month government claim deadline is often fatal to your case. Courts have very limited discretion to excuse late filings, making it crucial to identify potential government defendants early.
Exceptions That May Extend the Deadline
While the two-year rule applies to most cases, California law recognizes several exceptions that may pause or extend the statute of limitations:
Minors: If the injured person was under 18 at the time of injury, the statute of limitations is generally “tolled” (paused) until they turn 18. The two-year period then begins running, giving them until their 20th birthday to file. However, this tolling does not apply to government claims—a parent or guardian must still file the administrative claim within six months on the minor’s behalf.
Mental Incapacity: If the injured person lacks the mental capacity to make legal decisions, the statute may be tolled under CCP § 352 until they regain capacity. This might apply if someone is in a coma or suffers severe brain injury affecting their cognitive function.
Defendant Leaves the State: Under CCP § 351, if the defendant leaves California after causing injury, the time of their absence may not count toward the statute of limitations. However, this provision is rarely applied in modern cases.
Delayed Discovery: In some situations, injuries are not immediately apparent. California’s “discovery rule” may delay the start of the statute of limitations until the plaintiff discovers (or reasonably should have discovered) the injury and its cause. This is more common in medical malpractice or toxic exposure cases than in typical accident cases.
Medical Malpractice Has Different Rules
Medical malpractice claims follow a separate statute of limitations under CCP § 340.5. Injured patients must file within three years of the injury date or one year after discovering the injury, whichever comes first. Special rules also apply to minors injured by medical negligence.
Why Filing Early Matters
Even though you may have two years to file, waiting too long can seriously harm your case:
Evidence disappears: Surveillance footage gets deleted, accident scenes change, and physical evidence degrades over time.
Witnesses forget: Memories fade. Witnesses may become harder to locate or may not recall important details.
Insurance complications: While the statute of limitations doesn’t apply to insurance claims directly, insurers become more skeptical of claims filed long after an accident.
Strategic disadvantage: Starting early gives your attorney time to investigate thoroughly, identify all responsible parties, and build the strongest possible case.
The Statute of Limitations Does Not Pause for Insurance Negotiations
A common and costly misconception is that negotiating with an insurance company pauses the statute of limitations. It does not. You could spend 18 months negotiating with an adjuster, thinking you’re making progress, only to have talks break down with just weeks left to file suit.
Insurance companies know this. Some adjusters intentionally delay negotiations hoping you’ll miss the deadline. Never assume you have more time just because settlement discussions are ongoing.
Protect Your Rights—Act Now
If you’ve been injured in California, the safest approach is to consult with an attorney as soon as possible. Commonwealth Legal Group, PC offers free consultations to evaluate your case and ensure you understand all applicable deadlines.
Attorney Albert Ng has nearly a decade of experience handling California personal injury claims and understands how critical timing is to protecting your rights. Don’t let a missed deadline cost you the compensation you deserve.
Contact us today to discuss your case before time runs out.
