By Sami Sedghani, Pharm.D., J.D. · Synergist Law, P.C. · San Rafael, California · Updated October 30, 2026
This article provides general information only about California deadlines for personal injury claims. It is not legal advice, and reading it does not create an attorney-client relationship. Deadlines depend on the facts of each case. For advice about your situation, consult a licensed California attorney.
The personal injury statute of limitations California courts apply to most injury claims is two years. Code of Civil Procedure § 335.1 sets that period for injury caused by “the wrongful act or neglect of another.” Different rules apply to claims against a government agency (a written claim within six months), uninsured motorist claims, vehicle damage, medical negligence, and some claims by children.
What is the statute of limitations for a personal injury claim in California?
In California, the statute of limitations for most personal injury claims is two years. Code of Civil Procedure § 335.1 allows two years for an action for “injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” That covers most vehicle crashes, falls on unsafe property, and many product injuries.
A statute of limitations is the legal deadline to file a lawsuit. Opening an insurance claim does not meet it. Under Code of Civil Procedure § 350, an action is “commenced” when the complaint is filed. The California Courts self-help guide also lists the general personal injury deadline as two years from the date of injury.
Section 335.1 also sets two years for wrongful death, but that clock generally runs from the date of death. See our article on the wrongful death statute of limitations in California.
Section 335.1 is the general statute of limitations personal injury California law sets, but several exceptions can shorten, pause, or replace it. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
California statute of limitations personal injury deadlines at a glance
This table summarizes general California rules. It is a starting point for questions to ask a lawyer, not a way to find your own deadline. More than one rule can apply to a single accident, and the earliest one can be the one that matters.
| Type of claim | General rule | Source |
|---|---|---|
| Injury caused by another’s wrongful act or neglect (most vehicle crashes, falls, and product injuries) | Lawsuit within 2 years | Code Civ. Proc. § 335.1 |
| Damage to a vehicle or other personal property | Lawsuit within 3 years | Code Civ. Proc. § 338(c)(1) |
| Claim against a city, county, school district, transit agency, or State agency | Written government claim within 6 months; lawsuit generally within 6 months after written notice of rejection | Gov. Code § 911.2, § 945.6 |
| Claim against a federal agency (for example, a U.S. Postal Service vehicle) | Written administrative claim within 2 years; lawsuit within 6 months after a final denial is mailed | 28 U.S.C. § 2401(b) |
| Uninsured motorist claim under your own policy | Within 2 years of the accident: suit, agreement on the amount, or a written arbitration demand | Ins. Code § 11580.2(i) |
| Wrongful death | Generally 2 years from the date of death | Code Civ. Proc. § 335.1 |
| Medical negligence | Different rules | Code Civ. Proc. § 340.5 |
| Childhood sexual assault | Different rules, changed for assaults on or after January 1, 2024 | Code Civ. Proc. § 340.1 |
What is the statute of limitations for a car accident in California?
For injuries from a car accident in California, the general statute of limitations is two years under Code of Civil Procedure § 335.1, the same rule that applies to other injury claims. Damage to the car itself falls under a separate three-year rule in § 338(c)(1). A claim against a public entity, such as one over a government vehicle or a dangerous road condition, generally requires a written government claim within six months.
So the statute of limitations car accident California drivers, passengers, and pedestrians face for bodily injury is not a special rule. The same rule applies after a truck accident, a crash with a commercial or delivery vehicle, or a motorcycle crash. What usually changes the deadline is who the defendant is and what coverage is involved, not the type of vehicle. Robotaxi riders may also face terms of service; see self-driving car accidents.
For first steps after a crash, see what to do after a car accident that wasn’t your fault in California and our Marin County car accident lawyer page. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
When does the two-year clock start for a personal injury claim?
In most California injury cases, the two-year period starts on the date of the injury, which for a crash or a fall is usually the day it happened. Code of Civil Procedure § 312 says limitations periods run after the cause of action has “accrued.” The clock generally does not wait for medical treatment to end or for an insurance offer.
What is the discovery rule?
The discovery rule is an exception that can delay the start of the clock when an injury, or its wrongful cause, was not apparent. In Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, the California Supreme Court held that the period begins when the plaintiff “suspects or should suspect that her injury was caused by wrongdoing.”
The discovery rule rarely matters after a collision or a fall, where the injury and its cause are usually known at once. Some hidden harms have their own statutes, such as § 340.8 for exposure to hazardous materials or toxic substances. Whether the discovery rule applies is often disputed. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
How long do you have to file a claim against a government agency in California?
In California, an injury claim against a city, county, school district, transit agency, or State agency usually starts with a written government claim, not a lawsuit. Government Code § 911.2 requires a claim for injury to a person or to personal property to be presented “not later than six months after the accrual of the cause of action.”
The agency generally has 45 days to act, and a claim it does not act on is deemed rejected (§ 912.4). After a written notice of rejection, § 945.6 generally requires the lawsuit within six months after the notice is delivered or mailed. Without proper written notice, the period is generally two years from accrual.
A person who missed the six months can apply for permission to present a late claim. The application must be made within a reasonable time, no more than one year after accrual, and must explain the delay (§ 911.4). That is a limited exception, not a second deadline.
In Marin County, Golden Gate Transit, Marin Transit, each city, and the County each take their own claims, and claims against State agencies such as Caltrans go to the Department of General Services (§ 915). Our wrongful death deadlines article lists where Marin claims are filed. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
What if a federal vehicle or employee was involved?
Claims against the United States follow federal law. Under 28 U.S.C. § 2401(b), a tort claim must be presented in writing to the federal agency within two years after it accrues. A lawsuit must be filed within six months after the agency mails a notice of final denial. A crash with a U.S. Postal Service vehicle is a common example.
Does the statute of limitations pause for a minor in California?
Generally, yes. Under Code of Civil Procedure § 352(a), if the person entitled to sue was under 18 when the claim accrued, “the time of the disability is not part of the time limited” to sue. The same applies to a person who lacked legal capacity. Lawyers call this pause “tolling.”
The pause has important limits. Section 352(b) says it does not apply to a claim against a public entity or public employee that requires a government claim. A child’s claim against a city, county, or transit agency is still subject to the six-month claim rule. For a late-claim application, Government Code § 911.4(c)(1) counts the time the injured person was a minor. Medical negligence claims by children follow their own rules.
Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
What is the statute of limitations for property damage in California?
In California, a lawsuit for damage to a car or other personal property generally must be filed within three years. Code of Civil Procedure § 338(c)(1) sets three years for an action for “injuring goods or chattels.” The California Courts list three years from the date the property was damaged.
Two cautions apply. A property claim against a public entity is subject to the six-month claim rule, because Government Code § 911.2 covers injury “to personal property.” And the three-year property rule does not extend the two-year injury deadline. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
How long do you have for an uninsured motorist claim in California?
An uninsured motorist (UM) claim against your own auto insurer has its own two-year rule. Under Insurance Code § 11580.2(i)(1), one of three things must happen within two years from the date of the accident. A suit is filed against the uninsured motorist, an agreement on the amount due is reached, or arbitration is formally demanded in writing by certified mail.
Hit-and-run and underinsured motorist claims have additional requirements, explained in our article on uninsured and underinsured motorist claims in California. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
Do some injury claims in California have different deadlines?
Yes. Claims against a doctor, hospital, or other licensed health care provider for professional negligence follow Code of Civil Procedure § 340.5, not the general two-year rule. Claims for childhood sexual assault follow § 340.1, which changed for assaults on or after January 1, 2024.
Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
What happens if you miss the statute of limitations in California?
If a lawsuit is filed after the statute of limitations has run, the defendant can raise the deadline as a defense and ask the court to end the case. Code of Civil Procedure § 312 provides that civil actions “can only be commenced within the periods prescribed” by statute. A missed deadline can bar a claim regardless of its merits.
Inaccurate or outdated claims you may see online
Some statements about California injury deadlines that still circulate online are outdated or incomplete. Here is what the current law says.
- “You have one year to file a personal injury lawsuit in California.” Outdated. Before 2003, most injury claims had a one-year deadline under former Code of Civil Procedure § 340(3), the period applied in Jolly. Senate Bill 688 (Stats. 2002, ch. 448) extended it to two years in section 335.1, effective January 1, 2003.
- “Two years is the deadline for every injury claim.” Incomplete. A claim against a public entity requires a written government claim within six months (Gov. Code § 911.2), and other claims have their own rules.
- “The clock starts when you finish medical treatment.” Not the general rule. The period generally runs from the date of injury; the discovery rule is a limited exception.
- “Negotiating with the insurance company stops the clock.” Not under the general rule. An action is commenced when the complaint is filed (Code Civ. Proc. § 350).
- “A child always has until adulthood to sue.” Incomplete. Section 352(b) does not pause claims that require a government claim, and medical negligence claims follow their own rules.
- “Courts are still extending deadlines because of COVID-19.” Outdated. According to the California Courts, Emergency Rule 9 tolled statutes of limitations over 180 days only from April 6, 2020, to October 1, 2020.
How we approach deadlines in an injury case
Early in a case, we identify every possible defendant and whether any is a public entity, a federal agency, or a health care provider, because those facts can change the deadline.
For what happens after filing, see why a car accident settlement can take so long; for fees, see personal injury lawyer fees in California.
Plazo de prescripción para lesiones personales en California
En California, el plazo general para una demanda por lesiones personales es de dos años, y un reclamo contra una agencia del gobierno generalmente debe presentarse por escrito dentro de seis meses. Como el plazo depende de los hechos, es mejor que un abogado con licencia en California determine el plazo que aplica en su caso, en lugar de calcularlo por su cuenta. Sami Sedghani habla español. Puede llamar al (415) 835-4448 para una consulta gratuita. Esta información es general y no constituye asesoría legal.
Tenemos una guía en español: Abogado de lesiones personales en California.
Personal injury statute of limitations California: frequently asked questions
What is the statute of limitations for a personal injury claim in California?
Generally two years under Code of Civil Procedure section 335.1, which covers injury caused by the wrongful act or neglect of another. Claims against a public entity require a written government claim within six months, and medical negligence and some other claims follow different rules. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
How long do I have to sue after a car accident in California?
For injuries, generally two years under Code of Civil Procedure section 335.1; for vehicle damage, generally three years under section 338. If a city, county, transit agency, or State agency may be responsible, a written government claim is generally due within six months. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
How long do I have to file a claim against a city or county in California?
A written claim for personal injury or damage to personal property generally must be presented within six months after the claim accrues (Government Code section 911.2). After a written notice of rejection, a lawsuit generally must be filed within six months (section 945.6). Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
Does the statute of limitations pause for minors in California?
Generally, yes. Code of Civil Procedure section 352 pauses the deadline while the injured person is under 18. The pause does not apply to claims that require a government claim against a public entity, and medical negligence claims by children follow their own rules. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
Is the personal injury statute of limitations in California one year or two years?
Two years for most injury claims. The one-year rule of former Code of Civil Procedure section 340(3) was replaced by section 335.1, effective January 1, 2003, so sources that still say one year are outdated. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
Questions about a deadline after an injury?
If you were hurt in Marin County or elsewhere in California and are unsure which deadline applies, we can review the dates, the parties, and the insurance with you. Learn more about our Marin County personal injury lawyer practice and the personal injury cases we handle, call (415) 835-4448, or request a free consultation. Se habla español. Office: 1299 4th Street, Suite 301, San Rafael, CA 94901. More answers are in our California personal injury FAQ.
Contingency fee: no attorney’s fee unless we obtain a recovery for you. Depending on the terms of your written fee agreement, you may be responsible for case costs we advance even if there is no recovery. Your fee agreement explains this before representation begins.
The law described here may change after the date shown above. Every case turns on its own facts, and nothing on this page predicts any outcome, timeline, or value in your matter.
