California Personal Injury Statute of Limitations: Deadlines to File a Claim

Key Takeaways

• Most California personal injury lawsuits must be filed within two years under CCP section 335.1, measured from the date of injury, and wrongful death claims generally run from the date of death.
• Claims against a California state or local government entity require a written administrative claim presented to the correct agency within a much shorter window under Government Code section 911.2, and separate deadlines follow a rejection or a non-response. Missing the administrative step can bar recovery even when time remains under CCP section 335.1.
• Tolling can pause the clock in narrow circumstances including delayed discovery, minority under CCP section 352(a), lack of legal capacity, and custody under CCP section 352.1. These are limited and fact-specific rather than general extensions.
• CCP section 351, which addresses a defendant absent from the state, typically cannot be treated as a dependable extension because courts have limited its application on constitutional grounds.
• Presenting an insurance claim or continuing to negotiate does not extend the deadline to file suit unless a valid written tolling agreement is in place.

After a serious injury, filing a legal claim may not be the first thing on your mind. However, California law limits how long an injured person has to take legal action, and missing the applicable deadline can prevent a claim from moving forward. These deadlines are known as statutes of limitations, and the amount of time available depends on the type of claim and the circumstances involved.

Knowing the deadlines that typically apply in different situations can help you protect your legal rights. This guide explains California’s personal injury deadlines, common exceptions, and other timing requirements that can affect when a claim must be filed.

The Standard Two-Year Rule

California Code of Civil Procedure section 335.1 generally gives an injured person two years from the date of injury to file a personal injury lawsuit. The same statute applies to wrongful death actions, but the two-year period generally begins on the date of death rather than the date of the incident that ultimately caused the death.

The two-year deadline applies to many types of injury claims, including:

• Trucking and commercial vehicle accidents
• Construction and worksite accidents
• Wrongful death and catastrophic injuries
• Bicycle and pedestrian accidents
• Dog bite claims
• Product liability injuries
• Premises liability and slip and fall injuries
• Motor vehicle accidents

The statute of limitations is usually very firm. If a personal injury or wrongful death lawsuit is filed after the applicable deadline, the defendant can raise the statute of limitations as a defense, and the court can dismiss the claim.

However, certain exceptions can extend or otherwise affect the filing period. This means that the standard two-year rule does not apply in every situation.

Shortened Deadlines for Claims Against Government Entities

Claims against California government entities have different requirements than most personal injury claims. State agencies, cities, counties, school districts, public hospitals, and transit agencies can all qualify as public entities. These rules can apply after incidents such as a collision with a public transit bus, an injury caused by a dangerous condition on a public sidewalk, or an injury involving care at a public hospital.

Before suing a public agency, an injured person generally has to submit a written claim to the agency within 6 months of the injury. The agency then usually has 45 days to respond. If the agency sends a written denial, the person generally has 6 months from the date the denial is delivered or mailed to file a lawsuit.

If the agency does not send the required written notice, you may have more time to file a lawsuit. However, the rules are complicated, so don’t assume you automatically get extra time. Missing the initial administrative claim deadline can also prevent a lawsuit from moving forward even when the ordinary two-year personal injury deadline has not expired.

Medical Negligence and Other Special California Deadlines

Medical negligence claims follow a different statute of limitations under California Code of Civil Procedure section 340.5. For an adult, a lawsuit generally must be filed within one year after the person discovers, or should have reasonably discovered, the injury, or within three years after the date of injury, whichever occurs first. For example, if a surgical error is not discovered until months after a procedure, the one-year discovery period may matter, but the three-year outer limit can still restrict the time available to file.

However, filing rules differ when the patient is a minor. In most cases, a medical negligence claim involving a child must be filed within three years after the alleged wrongful act. Though, if the child was under age 6 when the injury occurred, the deadline is typically three years from the wrongful act or the child’s eighth birthday, whichever gives the child more time to file.

In some situations, deadlines can overlap. A wrongful death claim involving alleged medical negligence, for example, can raise questions about both the wrongful death and medical negligence statutes of limitations. Care received at a public hospital or clinic can also trigger the California Government Claims Act and its administrative claim requirements, creating another deadline to consider. With multiple deadlines potentially in play, speaking with a personal injury lawyer early can help you understand which ones apply and avoid missing important filing dates.

Exceptions That Can Extend a California Filing Deadline

California personal injury statutes of limitations are often strict, but certain circumstances can delay when the clock starts or pause it for a period of time. These exceptions are limited and depend on the specific facts and type of claim involved.

1. Delayed discovery. Sometimes an injury or its cause is not apparent when it happens. In some cases, the filing period begins when the injured person discovers, or reasonably should have discovered, the injury and its cause. This can arise with latent injuries or medical errors that are not detected right away.
2. Injured person under age 18. The filing deadline is generally paused while an injured person is a minor. For claims covered by this rule, the applicable filing period typically begins when the person turns 18. Different deadlines can apply to medical negligence claims and claims against government entities.
3. Lack of legal capacity. The filing deadline can also be paused when an injured person lacked the legal capacity to file a lawsuit when the injury occurred. This protection generally does not apply to the special deadlines for claims against government entities.
4. Incarceration. Certain people who are incarcerated when their claim arises can have the filing deadline paused for a limited time. California law generally caps this extension at two years and restricts when it applies.
5. Defendant outside California. A defendant’s absence from California can affect the filing period in some circumstances. Courts have significantly limited this rule, however, so a defendant being outside the state should not be treated as an automatic extension of the deadline.

Someone who believes an exception could apply should not assume that more time is available. Speaking with an attorney as soon as possible can help clarify the applicable deadline and whether an exception affects it.

What Happens If a Deadline Passes?

A personal injury lawsuit filed after the applicable statute of limitations can be dismissed. The seriousness of the injury or strength of the evidence does not, on its own, change the filing deadline. Filing an insurance claim, exchanging correspondence with an insurer, or continuing settlement negotiations also usually does not stop the clock unless the parties have entered into a valid written agreement to pause the deadline.

Insurers and defense attorneys routinely track filing deadlines as part of handling a claim, so ongoing negotiations should not be treated as an indication that more time is available. Waiting until a deadline is close also leaves less time to investigate the incident, identify all potentially responsible parties, and complete additional steps that may apply, such as filing an administrative claim when a government entity is involved.

Practical Steps to Protect Your Rights

Keeping clear records after an injury can make it easier to determine which filing deadlines apply. Try to:

• Record the date of the incident and note when any new symptoms or diagnoses appear.
• Keep copies of communications with insurance companies, government agencies, and other parties involved.
• Seek medical evaluation based on your health needs and follow recommended care. Medical records can also help document when an injury was identified and its connection to the incident.
• Use caution before giving a recorded statement, signing a release, or accepting an early settlement offer, particularly if you are not sure which deadlines apply.

How Coopers LLP Works With California Injury Deadlines

Coopers LLP handles personal injury matters across California. Our attorneys strive to identify applicable filing deadlines and administrative claim requirements, investigate the circumstances of an injury, preserve relevant evidence, and file claims within the applicable period.

Consultations are 100% free. We work exclusively on a contingency fee basis for all injury cases. You pay no attorney fees or costs unless we recover compensation for you. If you or a loved one has been injured due to someone else’s negligence in California, contact Coopers LLP today to discuss your legal options.