California Statute of Limitations for Personal Injury
California gives most personal injury victims 2 years from the date of injury to file a lawsuit. Learn the deadlines that apply to your claim.
Key Deadlines: Personal Injury
Under California Code of Civil Procedure §335.1, most personal injury victims have two years from the date of the injury to file a lawsuit. Claims against a government entity (city, county, state, transit agency, or public school) are governed by the California Government Claims Act and require a written claim within six months. Medical malpractice cases follow §340.5 (one year from discovery, three-year outer limit). Minors and injured parties with certain disabilities may have the deadline tolled. Missing the statute of limitations almost always bars recovery, no matter how strong the underlying case.
Exceptions that can change your deadline
Several exceptions can shorten or extend the statute of limitations: the discovery rule (when an injury is discovered later), tolling for minors or mentally incapacitated victims, fraud or concealment by the defendant, and shorter deadlines for government entities (6 months) and medical professionals (1 year from discovery). Every case is fact-specific — an attorney can confirm exactly how long you have.
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