This glossary entry provides general legal information for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Limitation periods vary by claim type and circumstance. Consult a licensed California attorney promptly to evaluate your specific deadline — missing it is generally irreversible.
A statute of limitations is a legislative enactment prescribing the periods within which actions may be brought upon certain claims or within which certain rights may be enforced. Upon expiration of the period, the claim is time-barred and the right to sue is extinguished. See generally Cal. Code Civ. Proc. §§ 312–366.
The legally enforceable deadline for filing a lawsuit — after which the court will dismiss the claim regardless of its merits.
Statute of Limitations in Personal Injury Cases
California's primary personal injury statute of limitations is two years from the date of injury under CCP section 335.1 — but multiple exceptions can shorten or extend that window significantly.
The general two-year rule under CCP § 335.1 applies to most personal injury tort claims, including car accidents, slip and fall, bicycle accidents, dog bites, and assault. The clock typically starts running on the date of injury.
Discovery Rule. When an injury is not immediately apparent — as with some toxic exposure, medical malpractice, or latent conditions — the limitations period begins when the plaintiff discovered, or reasonably should have discovered, both the injury and its negligent cause. This is called the discovery rule.
Government Entity Claims. Claims against public entities (cities, counties, state agencies, school districts) are governed by the Government Claims Act (Gov. Code § 911.2). A written claim must be presented to the government entity within six months of the incident. If the entity rejects the claim, the plaintiff then has six months to file a civil lawsuit. Missing the administrative claim deadline can bar the civil suit entirely.
Tolling for Minors. When the plaintiff was a minor at the time of injury, the statute of limitations is tolled (paused) until the minor turns 18. At that point, they have two years to file. Exception: medical malpractice claims by minors have different rules under CCP § 340.5.
Tolling for Mental Incapacity. The period is also tolled while the plaintiff is legally insane or mentally incompetent (CCP § 352).
Defendant's Absence. If the defendant leaves California after the cause of action arises and before the plaintiff can serve them, the period of absence is not counted against the limitations period (CCP § 351).
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
How the Statute of Limitations Works in Practice
Imagine a driver injures a pedestrian on March 1, 2024. Under CCP § 335.1, the pedestrian has until March 1, 2026 to file suit in California. If they file on March 2, 2026, the defendant will raise the statute of limitations as an affirmative defense and move to dismiss — and the court will grant that motion.
The limitations period is not extended simply by sending a demand letter or opening an insurance claim. Those activities do not toll the statute. The only thing that stops the clock is filing the lawsuit in court (or presenting a government tort claim, in the government entity context).
Attorneys in personal injury practice calendar limitation deadlines immediately upon intake. Consulting a lawyer well before the deadline is important — building a case, gathering records, and negotiating with insurance companies takes time. Waiting until the last few weeks before the deadline can compromise both the negotiation process and the quality of the filed complaint.
In multi-defendant cases, each defendant's limitations period should be evaluated separately, particularly where different acts occurred at different times.
State-by-State Variations
Personal injury statutes of limitations vary significantly by state. California's two-year rule is among the more common, but notable differences exist:
Shorter periods: Louisiana allows only one year from injury for most tort claims. Kentucky and Tennessee have one-year SOLs for personal injury.
Longer periods: Maine, North Dakota, and Minnesota allow six years for general personal injury claims. Missouri allows five years.
Government claims: Nearly every state requires some form of pre-suit notice for claims against government entities, but the timing varies from 60 days to two years. California's six-month claim presentation period is among the shorter windows.
Discovery rule: Most states recognize the discovery rule for latent injuries, but the scope varies. Some states cap the total limitations period regardless of when discovery occurs (a "statute of repose").
If an accident occurs in one state but the plaintiff lives in another, choice-of-law rules determine which state's limitations period applies — typically the state where the injury occurred.
Related Legal Terms
Negligence
The underlying tort claim that the statute of limitations applies to — must be filed before the deadline.
Demand Letter
The pre-suit settlement demand — does not toll the statute of limitations.
Discovery
The pre-trial evidence exchange process — only begins after a lawsuit is timely filed.