The statute of limitations is the legal deadline to file a lawsuit. In California personal injury cases, missing it permanently bars your right to recover compensation — regardless of how strong your injuries or liability evidence may be. Insurance carriers track these deadlines closely and use them as leverage. Understanding your deadline is not just a procedural matter. It determines whether your case has value at all.
Most California personal injury claims carry a two-year statute of limitations under Code of Civil Procedure section 335.1. But the two-year rule has significant exceptions — particularly for claims involving government entities, injured minors, and injuries that were not immediately apparent. Knowing which rule applies to your case is the first step toward protecting your claim.
Questions About Your Deadline?
We review statute of limitations issues, government claim requirements, and next steps in a free consultation. No fee unless we win.
The Two-Year Rule — How It Works
The two-year period under CCP 335.1 begins on the date of injury in most cases. For a car accident that occurred on March 1, 2024, the personal injury lawsuit must be filed in California Superior Court no later than March 1, 2026. Not commenced. Not sent to the carrier. Filed in court.
The two-year rule applies across the most common California personal injury claim types:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Dog bites and animal attacks under California Civil Code section 3342
- Slip and fall and premises liability claims
- Defective product injuries
- Workplace accidents involving third-party defendants
Even active settlement negotiations with an insurance carrier do not pause the statute. Carriers sometimes delay claims intentionally as the deadline approaches — counting on claimants not to file suit. If the statute expires during negotiations, the claim is permanently extinguished. The settlement leverage disappears with it.
Government Entity Claims — Six Months
When a government entity contributed to the injury, the deadline collapses from two years to six months. Under the California Government Claims Act (Government Code section 911.2), a formal written claim must be presented to the public entity within six months of the incident before any lawsuit can be filed.
Government entity claims arise more frequently than many injured people realize:
- City and county vehicles — collisions involving police cruisers, public works trucks, or city fleet vehicles create claims against the municipality
- Public transit accidents — Fresno Area Express buses and other transit systems operated by public agencies are subject to the six-month rule
- Dangerous road conditions — pothole damage, inadequate signage, defective traffic signal timing, and unsafe road design on public roads create government liability under Government Code section 835
- Public property hazards — injuries on public sidewalks, in public parks, or on government-owned property
- School incidents — injuries involving school district property or vehicles
After the claim is presented, the government has 45 days to accept, reject, or ignore it. If rejected, the claimant has six months from the rejection date to file suit. If ignored, the claimant has two years from the date of injury. Missing the initial six-month presentation deadline is fatal — late claims are routinely rejected and courts have limited authority to grant relief.
The practical implication: if any government entity may have contributed to your injury — even as one of several defendants — assume the six-month rule applies and act immediately.
Injured Minors — Tolling Until Age 18
When the injured person is under 18 years old at the time of injury, the statute of limitations is generally tolled — paused — until they reach the age of majority. Under CCP section 352, the two-year period does not begin running until the minor turns 18, giving them until their 20th birthday to file.
However, tolling does not override the Government Claims Act deadline. When a government entity is involved and the injured person is a minor, the six-month government claim presentation requirement still applies — it is not tolled by minority status in most circumstances. A parent or guardian must file the government claim within six months on the minor’s behalf.
Settlement of minor’s claims also requires court approval under Probate Code section 3500 when the settlement exceeds $5,000. This process requires appointment of a guardian ad litem and a petition to the Superior Court — a procedural requirement that affects timing and must be planned for in advance.
The Discovery Rule — When Injury Is Not Immediately Apparent
In certain cases, an injury is not discoverable at the time it occurs. California courts have developed the discovery rule to address situations where the statute would otherwise run before a plaintiff could reasonably know they had a claim. Under the discovery rule, the statute begins to run when the plaintiff discovers — or reasonably should have discovered — both the injury and its connection to the defendant’s conduct.
Discovery rule cases arise in specific contexts:
- Toxic exposure and occupational disease — latent injuries from chemical exposure, asbestos, or environmental contamination may not manifest for years after exposure
- Medical negligence — under CCP section 340.5, medical malpractice claims must be filed within three years of injury or one year from discovery, whichever is earlier
- Delayed TBI symptoms — traumatic brain injury consequences sometimes emerge weeks or months after the initial event, though the statute generally runs from the date of the accident rather than the date symptoms become apparent
Discovery rule analysis is highly fact-specific. Whether a plaintiff reasonably should have discovered an injury at an earlier date is a question courts examine carefully. Relying on the discovery rule without a detailed factual and legal analysis is risky. If there is any doubt about when the statute began to run in your case, consult an attorney immediately.
Wrongful Death Deadlines
Wrongful death claims under CCP section 377.60 carry a two-year statute measured from the date of death — not the date of the underlying injury when the two differ. A survival action under CCP section 377.30, which recovers damages for the decedent’s pre-death pain and suffering, runs from the date of injury.
When a government entity contributed to the fatal incident, the six-month Government Claims Act deadline applies to wrongful death claims as well. This is the most commonly missed deadline in fatal accident cases involving public entities — the family is grieving, unaware of the shortened deadline, and the six months passes before anyone acts.
How Insurance Carriers Use Deadline Pressure
Insurance carriers employ a systematic strategy around statute of limitations deadlines. Adjusters are trained to track filing dates and use approaching deadlines as leverage. Common tactics as deadlines approach include:
- Slow-walking negotiations — extended delays on offers, requests for additional documentation, and slow claim acknowledgments that consume time without producing resolution
- Low-ball pressure offers — presenting inadequate settlement offers shortly before the deadline under the implicit assumption that the claimant will accept rather than risk losing the claim entirely
- Recorded statement tactics — requesting recorded statements close to the deadline when the claimant is most likely to be under financial pressure and least likely to have legal representation
- Misrepresenting deadlines — some adjusters misstate the applicable deadline to create false urgency or false comfort, depending on which serves the carrier’s interests
The counter to all of these tactics is early action. A claim that is built thoroughly — with preserved evidence, complete medical documentation, and litigation filed before the deadline — produces real carrier risk. Carriers price their settlement offers based on their assessment of litigation exposure. A claim filed with credible trial preparation eliminates deadline leverage entirely.
Evidence Preservation and the Statute of Limitations
The two-year statute gives the impression of ample time. In practice, the most valuable evidence in serious personal injury cases closes within days or weeks of the incident:
- Surveillance footage — commercial property cameras overwrite on 24-to-72-hour cycles. Preservation demands must go to property owners immediately.
- Electronic logging device data — in commercial truck cases, ELD data is retained for only six months under FMCSA regulations
- Event data recorder data — vehicle black box pre-impact data can be overwritten when a vehicle is repaired
- Witness memories — recall degrades rapidly. Independent witnesses identified and contacted within days produce substantially more reliable accounts than those reached months later
- Scene conditions — road conditions, debris, skid marks, and physical evidence at the scene change or disappear quickly
The practical deadline for evidence preservation is not two years. It is 24 to 72 hours. A California personal injury lawyer who moves immediately on evidence preservation produces a fundamentally different evidentiary foundation than one who begins building the case months later.
Statute of Limitations by Claim Type — Quick Reference
- Most personal injury claims — 2 years from date of injury (CCP 335.1)
- Claims against government entities — 6 months to present government claim (Gov. Code 911.2)
- Medical malpractice — 3 years from injury or 1 year from discovery, whichever is earlier (CCP 340.5)
- Wrongful death — 2 years from date of death (CCP 377.60)
- Minors — tolled until age 18, then 2 years (CCP 352) — government claim exception applies
- Property damage — 3 years (CCP 338)
- Products liability — 2 years from injury under CCP 335.1; additional statute of repose may apply
Don't Wait Until the Deadline Is Close
If you were injured in California and have questions about your deadline, contact us for a free consultation. We review statute of limitations issues, government claim requirements, and next steps at no cost.
California Personal Injury Statute of Limitations — Frequently Asked Questions
Does the two-year deadline pause while I am treating with doctors?
No. Medical treatment does not pause the statute of limitations. The two-year clock under CCP section 335.1 runs continuously from the date of injury regardless of whether you are still treating, still negotiating with the carrier, or still waiting for a final prognosis. The only exceptions that toll the statute are minority status, legal incapacity, and certain discovery rule situations — ongoing treatment is not one of them. Many people make the mistake of waiting until treatment is complete before contacting an attorney, and find the deadline is closer than expected.
What happens if I file a claim with the insurance company but not a lawsuit before the deadline?
Filing an insurance claim does not pause or satisfy the statute of limitations. The statute requires a lawsuit to be filed in California Superior Court before the deadline expires. Insurance carriers are fully aware of this distinction and will deny a claim or refuse to negotiate further once the filing deadline passes — because at that point they have no litigation exposure. Filing an insurance claim and filing a lawsuit are completely separate acts. Only the lawsuit filing stops the statute clock.
I was injured by a Fresno city bus — how long do I have?
Six months from the date of the incident to present a formal government claim to the City of Fresno. Fresno Area Express is operated by the City of Fresno, which is a public entity subject to the Government Claims Act under Government Code section 911.2. You must present a written claim to the city within six months before you can file a lawsuit. Missing this deadline permanently bars recovery against the public entity regardless of how strong the underlying liability case is. Contact an attorney immediately if any government-operated vehicle or public property was involved in your injury.
Can the statute of limitations be extended if the at-fault driver left the scene?
Generally no — the statute runs from the date of injury regardless of whether the at-fault party is identified. However, a hit-and-run situation may trigger your own uninsured motorist coverage, which has its own procedural requirements and notice deadlines that must be met promptly. If the at-fault driver is later identified, the standard two-year personal injury statute applies from the date of the accident. Do not wait for law enforcement to identify the driver before contacting an attorney — the evidence preservation window and UM claim notice requirements are time-sensitive regardless.
If I was partially at fault for the accident, does the statute of limitations still apply?
Yes — the statute applies regardless of fault allocation. California’s pure comparative fault system allows recovery even when you share partial responsibility for the accident, but it does not extend or modify the filing deadline. A claimant who was 40 percent at fault still has two years from the date of injury to file. Comparative fault only affects the amount recovered, not the obligation to file within the statutory period. Waiting because you believe you were partially at fault is one of the most common and consequential mistakes in California personal injury claims.