California Personal Injury Statute of Limitations — What You Need to Know

The General Rule: 2 Years Under CCP §335.1

The primary statute of limitations for personal injury claims in California is 2 years from the date of injury, established by California Code of Civil Procedure §335.1. This applies to the vast majority of personal injury cases, including:

• Car, truck, and motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Slip and fall and premises liability
• Dog bites
• Rideshare accidents
• Workplace injuries (in third-party civil cases, not workers' comp)
• Assault and battery

If you fail to file a lawsuit within 2 years, the defendant can raise the statute of limitations as a complete defense and your case will almost certainly be dismissed — regardless of how strong your evidence is or how serious your injuries are. Courts have almost no discretion to waive this deadline.

Critical Deadlines at a Glance

The Government Entity Exception: 6 Months — Not 2 Years

If your injury involved any government vehicle, government-maintained road, or government employee acting in their official capacity, the deadline is dramatically shorter. Under California Government Code §911.2, you must file a Government Tort Claim with the responsible agency within 6 months of the incident.

Who Qualifies as a Government Defendant?

• City of Los Angeles — LAPD vehicles, city buses (DASH), city-maintained roads and sidewalks
• LA County — Sheriff's vehicles, county-maintained roads
• Los Angeles Metropolitan Transportation Authority (Metro) — Metro buses, light rail, subway trains
• CALTRANS (California Department of Transportation) — State highways, freeways, freeway on/off ramps
• Los Angeles Unified School District (LAUSD) — School buses, school zone accidents
• California State University or UC system — Campus accidents

The Government Tort Claim Process

Filing a Government Tort Claim is a mandatory administrative prerequisite before you can file a lawsuit against a public entity in California. The claim must:

1. Be filed within 6 months of the incident
2. Be filed with the correct agency (and sometimes multiple agencies)
3. Include your name, address, date of incident, location, description of injury, and amount claimed
4. Be accepted or rejected by the agency (they have 45 days to respond)

If the agency rejects your claim, you then have 6 months from the date of rejection to file your lawsuit. If they accept it, they typically offer a settlement. If no response is received within 45 days, the claim is deemed rejected and the 6-month lawsuit filing period begins.

The Discovery Rule: When Does the Clock Start?

In most accident cases, the statute of limitations begins on the date of the accident — the injury is immediately obvious. But California recognizes the "discovery rule," which can delay when the clock starts running:

• Latent injuries: If symptoms of an injury (e.g., herniated disc, traumatic brain injury sequelae) don't manifest until months after an accident, the clock may start running when you discover — or should have reasonably discovered — the injury and its cause.
• Unknown defendant: If you were the victim of a hit-and-run and the driver's identity is unknown, some courts have applied the discovery rule to allow the clock to begin when the defendant is identified.
• Fraud or concealment: If the defendant actively concealed their role in causing your injury, the statute is tolled until discovery.

The discovery rule is a legal doctrine applied on a case-by-case basis — it is not automatic protection. Do not assume the discovery rule will save you if you delay. Consult an attorney immediately if you believe your injury may have been latent.

Tolling Provisions: When the Clock Pauses

California law recognizes several situations where the statute of limitations is "tolled" — meaning paused — before it resumes:

Minors (Under 18)

CCP §352(a) tolls the statute during minority. A child injured in a car accident at age 8 has until age 20 (2 years after turning 18) to file. Critical exception: Government claims still require a tort claim filed within 6 months — even for minors. Parents and guardians should retain an attorney immediately after any accident involving a child.

Mental Incapacity

CCP §352(a) also tolls the statute during any period the plaintiff is "insane" or of "unsound mind" — a legal standard that generally requires formal adjudication of incompetency.

Defendant's Absence From California

Under CCP §351, if the defendant is absent from California during any part of the limitations period, that period of absence is excluded from the calculation. This is rarely determinative in modern cases given service of process rules, but can apply.

Bankruptcy Stay

If the defendant files for bankruptcy, the automatic stay under federal law pauses state court proceedings. The tolling period during bankruptcy can extend your effective deadline.

Why You Should Act Fast — Even With 2 Years

Even when the 2-year deadline seems distant, waiting is a serious mistake for reasons that have nothing to do with the legal deadline itself:

• Surveillance footage: Most commercial cameras overwrite every 24–72 hours. Intersection cameras, dashcam footage, and Ring doorbells that captured your accident will be gone within days unless preservation letters are sent immediately.
• Witness memory: Human memory degrades rapidly and demonstrably. Witnesses interviewed within 48 hours provide far stronger statements than those interviewed months later.
• Physical evidence: Skid marks fade, road conditions change, vehicles get repaired or sold.
• Insurance policy limits discovery: Early retention allows your attorney to investigate whether the defendant has additional coverage beyond the obvious policy.
• Medical record preservation: Emergency rooms and urgent care centers often purge or transfer records after a period of time. Early action preserves the chain.
• Settlement leverage: Cases with fresh evidence settle faster and at higher values.

Related Resources

• Car Accident Lawyers Los Angeles
• What to Do After a Car Accident in Los Angeles
• Comparative Fault in California
• How Long Does a Personal Injury Case Take in LA?

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Statutes of limitations are complex and vary based on specific facts, defendants, and the type of claim. This article does not cover all exceptions or special rules that may apply in your case. Contact a licensed California attorney to discuss your specific situation. InjuryAllies is a California-licensed law firm.