California Statute of Limitations — Personal Injury Deadlines

The Standard 2-Year Deadline (CCP § 335.1)

For most personal injury cases in California — car accidents, slip and falls, dog bites, bicycle accidents, motorcycle crashes — you have 2 years from the date of injury to file a lawsuit in Superior Court. The clock starts on the day of the accident, not the day you hire an attorney or the day you finish treatment.

This deadline is absolute. California courts have consistently refused to extend it for late-discovering plaintiffs who simply did not act in time. The only safe approach is to consult an attorney well before the 2-year mark — ideally within the first few months, while evidence is fresh and witnesses are available.

Government Entity Claims — 6-Month Trap

If your accident involved a government vehicle, a pothole on a city street, a dangerous condition on public property, or a school district employee, you are dealing with a government entity claim. The California Government Claims Act (Gov. Code § 911.2) requires you to file a written claim with the agency within 6 months of the incident — not 2 years. After the agency rejects your claim (or 45 days pass with no response), you then have 6 months to file suit in court.

Key Exceptions That Extend the Deadline

• Minors: The 2-year clock does not start until the victim turns 18.
• Discovery rule: If you could not reasonably have discovered the injury at the time of the accident, the clock starts when you discovered the injury.
• Defendant out of state: Time the defendant spends outside California does not count toward the 2-year period.
• Mental incapacity: If the plaintiff was mentally incapacitated at the time of injury, the clock is tolled until capacity is restored.