A statute of limitations is the legal deadline for filing a lawsuit. Once it expires, the right to sue is gone — California courts dismiss the case no matter how strong the underlying claim, and insurers know it, which is why claims that drift toward the deadline tend to settle cheaply or not at all. This guide covers the general two-year rule for California personal injury claims and every major exception that can shorten it, extend it, or replace it with an entirely different clock.
This is general information about California law, not legal advice. If any deadline may be approaching, consult a California-licensed attorney immediately — the analysis is fact-specific and the consequences of waiting are usually permanent.
The general two-year rule
Most California personal injury claims must be filed within two years of the date of injury (Cal. Code Civ. Proc. § 335.1). This covers the everyday categories — car and motorcycle collisions, slip-and-falls, dog bites, and general negligence. The clock normally starts the day the negligent act caused harm. Critically, filing an insurance claim is not the same as filing a lawsuit, and ongoing settlement negotiations do not pause the statute. Many people lose otherwise strong claims because they believed the insurance claim was "the lawsuit." Only filing suit in a court of proper jurisdiction stops the clock.
The two-year period in § 335.1 was not always the rule. Before 2003, California gave injured people only one year to sue. The Legislature doubled the period effective January 1, 2003, but the older one-year deadline still occasionally surfaces in disputes over older claims, so the date of injury controls which version applies. For practical purposes today, treat two years as the baseline and work backward from the exceptions below.
Property damage has a longer clock
Claims for damage to personal property — such as your vehicle in a crash — have a three-year deadline (Cal. Code Civ. Proc. § 338). So after a collision your bodily-injury claim and your vehicle-damage claim can run on different timelines. Do not rely on the longer property-damage period for your injury claim; the injury clock is the shorter two years. Section 338 also governs certain other claims, such as those based on fraud or on a statutory liability, which can become relevant when a single incident gives rise to several different legal theories.
The discovery rule
Sometimes an injury is not apparent right away. Under the discovery rule, the clock can start not when the negligent act occurred but when the plaintiff knew, or through reasonable diligence should have known, of the injury and its negligent cause. California courts apply the rule where the harm is genuinely latent — for example, a surgical instrument left in the body, toxic exposure with delayed symptoms, or harm that could not reasonably have been detected. It does not rescue claims where the injury was obvious at the time.
The leading California case on the doctrine, Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, makes the standard demanding: the clock begins once the plaintiff suspects, or reasonably should suspect, that someone has done something wrong to them — not when the plaintiff has gathered enough proof to win. A person who knows they were hurt and senses something went wrong cannot wait for certainty. This is why the discovery rule helps far fewer claimants than people expect, and why a quick consultation matters even when you are still piecing together what happened.
Medical malpractice: a separate, shorter clock
Medical malpractice runs under Cal. Code Civ. Proc. § 340.5: the earlier of one year from discovery of the injury or three years from the injury itself. Two more traps apply: you must serve 90 days' notice of intent to sue before filing (Code Civ. Proc. § 364), and non-economic damages are capped by statute (Civ. Code § 3333.2). The three-year outer limit can bar even an undiscovered injury, with narrow exceptions for fraud, concealment, or a foreign object left in the body.
Two timing quirks are worth flagging. First, serving the 90-day notice within the last 90 days of the limitations period extends the deadline by 90 days, but it cannot be used to revive an already-expired claim. Second, the § 340.5 clock applies to professional negligence by a health-care provider acting within the scope of services for which the provider is licensed — not to ordinary negligence that merely happens to occur in a hospital. Whether a given injury counts as "medical malpractice" or "ordinary negligence" can change the deadline by years, and it is a recurring battleground, so do not assume which clock applies.
Claims against the government: six months
If a city, county, the State of California, a public hospital, a transit agency, or a public employee caused your injury, the two-year rule does not apply first. You must present a written claim to the public entity within six months of the incident under the Government Claims Act (Gov. Code § 911.2). After the entity acts (or 45 days pass), you typically have only six months from a written rejection to sue (Gov. Code § 945.6). Missing the six-month claim window usually bars the case, although a late-claim application is sometimes available within a year. Treat any injury involving a public agency as urgent.
The mechanics reward precision. The written claim must go to the correct entity and contain specified information — the claimant's name and address, the date and place of the incident, a general description of the loss, and the names of the public employees involved if known (Gov. Code § 910). A claim for damages under $10,000 need not state an exact dollar amount, but it must indicate whether the case would be a limited civil case. If the entity mails a proper rejection that warns you of the six-month suit deadline, that short clock controls; if it never formally rejects the claim, a longer two-year period to sue can apply instead. Because these rules are unforgiving and easy to get wrong, government-related injuries are among the most important to bring to an attorney within days.
Tolling for minors and incapacity
California pauses the clock for certain plaintiffs. For a child injured before age 18, the two-year period is generally tolled until the 18th birthday (Cal. Code Civ. Proc. § 352), so a minor often has until age 20 to sue — though medical-malpractice claims by minors have their own shorter rules under § 340.5. The clock can also be tolled for a person who is legally insane (lacking capacity) at the time the claim accrues. Tolling rules are technical; do not assume them without legal advice.
An important limit: the § 352 tolling for minors and incapacity generally does not apply against a public entity. The Government Claims Act's six-month presentation requirement still runs, although a minor may apply to file a late claim. So a parent who assumes a child's claim against a school district or public hospital can wait until the child turns 18 may be badly mistaken. For medical malpractice, § 340.5 gives a child under six years old until the later of three years or their eighth birthday, with separate rules for older minors. These overlapping clocks are exactly the kind of thing an attorney sorts out before a deadline is blown.
How the deadlines compare
| Type of claim | Deadline | Authority |
|---|---|---|
| General personal injury | 2 years from injury | CCP § 335.1 |
| Property damage | 3 years | CCP § 338 |
| Medical malpractice | 1 year from discovery / 3 years from injury | CCP § 340.5 |
| Claim vs. government entity | 6-month written claim, then short suit window | Gov. Code §§ 911.2, 945.6 |
| Injured minor (most claims) | Tolled until age 18 | CCP § 352 |
How to protect a deadline: step by step
- Pin down the date of injury. Write down exactly when the harm occurred — this is the anchor for every calculation that follows.
- Identify every possible defendant. A government entity in the mix means the six-month clock is already running, regardless of the two-year baseline.
- Ask whether a special clock applies. Medical malpractice, a government defendant, a minor, or a latent injury can each replace the ordinary deadline with a shorter or different one.
- Preserve evidence immediately. Photos, medical records, witness contacts, and a written request to preserve any surveillance video that could be overwritten.
- Present any government claim in writing, to the right entity, well before six months. Do not wait for the deadline; build in margin for mailing and mistakes.
- Consult a California-licensed attorney now. If the deadline is days away, counsel can sometimes file a protective lawsuit to stop the clock while investigation continues.
What to do if a deadline is near
- Do not wait on the insurer. Negotiation does not pause the statute, and adjusters sometimes slow-walk claims as the deadline approaches.
- Identify every potential defendant early — a government entity in the mix means the six-month clock is already running.
- Preserve evidence immediately: photos, records, witness contacts, and a written request to preserve any video.
- Consult a California-licensed attorney now. If the deadline is days away, counsel can sometimes file a protective lawsuit to stop the clock while investigation continues.
Frequently asked questions
What is the personal injury statute of limitations in California?
Generally two years from the date of injury (Cal. Code Civ. Proc. § 335.1). Property-damage claims get three years (§ 338), medical malpractice runs on a one-year/three-year rule (§ 340.5), and claims against government entities require a six-month written claim (Gov. Code § 911.2).
Does talking to the insurance company stop the clock?
No. Only filing a lawsuit stops the statute of limitations. Insurance negotiations, demand letters, and claim numbers do not extend the deadline.
What if I didn't realize I was injured until later?
The discovery rule may delay the start of the clock to when you knew or should have known of the injury and its cause — but California applies it narrowly, mainly to genuinely latent injuries. Under Jolly v. Eli Lilly & Co., the clock starts when you suspect wrongdoing, not when you can prove it. It does not help where the harm was apparent at the time.
Are the deadlines different for children?
Yes. For most injuries to a minor, the clock is tolled until age 18 (Cal. Code Civ. Proc. § 352), giving the child until about age 20 to sue. But that tolling generally does not extend the six-month government-claim deadline, and medical-malpractice claims involving minors follow special rules under § 340.5.
What happens if I file even one day late?
The defendant can move to dismiss, and the court generally must grant it — the strength of your underlying claim does not matter. A handful of doctrines (tolling, the discovery rule, equitable estoppel where a defendant tricked you into waiting) can occasionally save a late claim, but they are narrow and fact-specific. Treat the deadline as firm.
When to talk to a California attorney
Calculating a California injury deadline is rarely as simple as "two years from the accident." A government defendant, a medical provider, a minor, a wrongful-death timeline that differs from the injury date, or a latent injury can each move the date dramatically — sometimes shortening it to six months. Because filing late almost always ends a case for good, the safest move is to have a California-licensed attorney confirm your deadline early, identify every potential defendant, and, if necessary, file a protective lawsuit while investigation continues. If you have any doubt about which clock applies to your situation, treat it as urgent.
Talk to a California personal injury attorney
Deadlines in California injury cases are unforgiving and fact-specific. For the broader picture, see our complete guide to California personal injury claims. To find a California-licensed attorney, browse the directory by practice area and county — free and with no obligation.