Understanding California's Statute of Limitations for Personal Injury Claims

By Daniel Yesayan

6 min read

Don't miss your deadline to file. Learn about California's statute of limitations for different types of personal injury cases and important exceptions.

Time Is Not on Your Side

In California, the law limits how long you have to file a personal injury lawsuit. This deadline is called the "statute of limitations," and missing it can permanently bar you from recovering compensation—no matter how strong your case might be. Understanding these deadlines is crucial to protecting your legal rights.

General Statute of Limitations in California

For most personal injury cases in California, you have two years from the date of injury to file a lawsuit. This applies to:

  • Car accidents

  • Truck accidents

  • Motorcycle accidents

  • Slip and fall accidents

  • Dog bites

  • Assault and battery

  • General negligence claims

Special Deadlines for Government Claims

If your injury was caused by a government entity or employee (such as a city bus driver, public school, or state highway), you face a much shorter deadline. You must file a government tort claim within six months of the incident. This includes accidents involving:

  • City or county vehicles

  • Public transit

  • Dangerous conditions on public property

  • Police officers or other government employees

Exceptions That May Extend Your Deadline

Discovery Rule

In some cases, injuries are not immediately apparent. The "discovery rule" may extend your deadline if you could not reasonably have known about your injury right away. The statute of limitations begins when you discover—or should have discovered—the injury.

Minors

If the injured person was under 18 at the time of the accident, the statute of limitations is "tolled" (paused) until they turn 18. They then have two years from their 18th birthday to file a claim.

Mental Incapacity

If the injured person was mentally incapacitated at the time of injury, the deadline may be extended until they regain capacity.

Defendant Out of State

If the person who injured you leaves California, the time they are absent may not count toward the statute of limitations.

Why You Shouldn't Wait

Even though you may have two years, there are compelling reasons to act quickly:

  • Evidence disappears: Surveillance footage is deleted, witnesses forget details, physical evidence is lost

  • Witnesses move: Key witnesses may relocate and become difficult to find

  • Memories fade: Even your own recollection of events becomes less reliable over time

  • Medical connection weakens: The longer you wait to treat injuries, the harder it is to prove they were caused by the accident

Protect Your Rights Today

If you have been injured, do not wait to explore your legal options. Contact Casa Legal for a free consultation. We will review your case, explain the deadlines that apply, and help you take action before it is too late.