California Personal Injury Statute of Limitations: Complete Guide

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In California, most personal injury claims must be filed within two years of the date of the injury. Missing this deadline — even by one day — typically means permanent loss of the right to sue, regardless of how strong the underlying claim is. Understanding which deadline applies to a specific situation is critical from the earliest stages of any California personal injury claim.

The Two-Year General Rule

California Code of Civil Procedure section 335.1 establishes the general two-year statute of limitations for personal injury claims. This provision covers the full range of accident and injury claims: car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, slip and fall, dog bites, assault, and most other civil claims for bodily injury or death.

The two-year clock starts on the date the cause of action "accrues" — which in most accident cases is the date of the accident itself, since the injury is known immediately. In a straightforward car accident on January 15, 2024, the two-year SOL expires on January 15, 2026. A lawsuit filed on January 16, 2026, for that accident would typically be barred.

The Discovery Rule

For injuries where the plaintiff did not and reasonably could not have discovered the injury or its cause on the date of the accident, the two-year clock may start not from the accident date but from the date of actual or reasonably imputable discovery. This "discovery rule" is codified in CCP section 340.5 for medical malpractice and applied judicially to other injury types.

In personal injury accident contexts, the discovery rule most commonly applies in cases of delayed-onset injuries: occupational exposures where disease manifests years later, toxic tort claims, and cases where the specific defendant's conduct was unknown at the time of injury. For the typical car or slip-and-fall accident, the discovery rule generally does not extend the SOL because the injury and its cause are immediately apparent.

Importantly, "discovery" under California law means discovery of enough facts to put a reasonable person on inquiry notice that they may have a legal claim — not full knowledge of all elements of the cause of action. Once a plaintiff has reason to suspect they have a claim, the clock starts even if they have not yet hired an attorney or obtained a diagnosis.

Government Entity Claims: Six Months

When any California government entity — a city, county, state agency, transit district, school district, or public university — is a potential defendant, the Government Claims Act imposes a separate and shorter deadline: a written claim must be filed with the entity within six months of the incident. This requirement under Government Code section 945.4 is a condition precedent to suing the government, and missing it bars the lawsuit against the government entity permanently even if the two-year SOL has not yet expired.

The six-month government claim deadline runs independently and concurrently with the two-year personal injury SOL. Both deadlines apply in accidents involving government entities, and missing either one may bar the claim. Common scenarios requiring government tort claim filing include accidents involving government vehicles, road defects on government-maintained roads, and accidents on government property.

Minors: Tolled to Age 20

CCP section 352 provides that the statute of limitations for a minor's personal injury claim is tolled — paused — during the period of the minor's minority, until the minor reaches age 18. The two-year SOL then runs from the 18th birthday, meaning a minor injured at any age has until their 20th birthday to file a personal injury lawsuit.

This tolling applies to the two-year general SOL but does not automatically toll the six-month government claims deadline. A minor injured in an accident involving a government entity still needs a guardian ad litem or parent to file a government tort claim within six months, or must seek late-claim relief under Government Code section 946.6 based on the minor's status. The minor's own SOL tolling provides a safety net for the lawsuit deadline, not the claim filing deadline.

When a minor is represented by a parent who files a government tort claim within six months, the minor's claim is properly preserved. When no claim is filed within six months, the minor may still file a late claim petition within the tolled period — this is one of the more reliable bases for late-claim relief under section 946.6.

Other Tolling Exceptions

Mental incapacity: CCP section 352 also tolls the SOL when the plaintiff is not "of sound mind" at the time the cause of action accrues. This tolling applies until the incapacity is removed. Coma, severe traumatic brain injury, or other conditions eliminating mental capacity may toll the SOL while the condition persists.

Defendant's absence from California: CCP section 351 provides that if the defendant is absent from California during the SOL period, the period of absence is not counted toward the limitation period. This provision has been limited by courts but may apply in cases where an out-of-state defendant is not amenable to service of process in California.

Fraudulent concealment: If the defendant fraudulently concealed facts that prevented the plaintiff from discovering the claim, equitable estoppel may toll the SOL for the period of the concealment. This doctrine is applied narrowly and requires active affirmative concealment by the defendant, not merely failure to disclose.

What Happens If You Miss the Deadline

A lawsuit filed after the applicable statute of limitations has expired is subject to dismissal on the defendant's motion. In California practice, the defendant raises the SOL as an affirmative defense and may file a motion for judgment on the pleadings or summary judgment establishing that the claim is time-barred on its face. Once the SOL issue is raised, the plaintiff bears the burden of showing why the SOL should not bar the claim — proving a tolling doctrine, the discovery rule, or another exception applies.

Even where a tolling argument exists, successfully invoking it requires careful legal analysis and usually expert support. An injured person who believes their claim may be time-barred should consult a licensed California attorney immediately. California attorneys are ethically required to evaluate statute of limitations issues at the outset of any representation, and many plaintiff personal injury attorneys provide free consultations to assess whether a potentially time-barred claim can still be pursued.