Understanding California’s Personal Injury Statute of Limitations: Key Deadlines

What is the Statute of Limitations

A statute of limitations is the legal deadline to file a lawsuit. In injury cases, it sets how long you have to bring a claim to court against the responsible party. Missing the deadline generally means losing the right to recover compensation, no matter how strong the evidence. The California personal injury statute of limitations controls these timelines for accidents and negligence claims in the state.

Key filing windows in California include:

• General personal injury from negligence: 2 years from the date of injury (most car, motorcycle, slip and fall, and product injury cases)
• Wrongful death: 2 years from the date of death
• Property damage: 3 years
• Medical malpractice: 1 year from the date you discovered (or reasonably should have discovered) the injury, or 3 years from the date of injury—whichever comes first. Special rules apply for minors under age 6 and in cases of fraud, concealment, or a retained foreign object.
• Claims against government entities: You must file a written government claim within 6 months of the injury. If the agency rejects the claim, you typically have 6 months from the rejection notice to file a lawsuit.

These rules govern filing in court, not just reporting to insurance. You can negotiate with an insurer, but if you miss the personal injury claim deadline California law sets, you may be barred from filing suit, weakening your leverage.

Some exceptions may extend or “toll” the California accident claim time limit:

• The discovery rule when injuries weren’t immediately apparent (toxic exposure, delayed-diagnosis cases)
• Minor plaintiffs until adulthood in many negligence actions
• Periods of legal incapacity
• Fraud or intentional concealment by a defendant

Examples:

• A rear-end crash on March 1, 2023: the time limit to sue for injury generally expires March 1, 2025.
• A collision with a city bus on March 1, 2023: a government claim is due by August 28, 2023; after rejection, the window to file in court is usually 6 months.
• A surgical error on June 1, 2021, discovered January 10, 2024: the deadline for filing a personal injury lawsuit in CA would be June 1, 2024 (the earlier of 3 years from injury or 1 year from discovery).

Because the negligence claim statute of limitations is fact-specific, a prompt legal assessment helps protect your rights.

Purpose of These Legal Deadlines

These deadlines exist to balance fairness, preserve reliable evidence, and bring disputes to a timely resolution. The California personal injury statute of limitations is not a mere technicality; it protects the integrity of claims and the court system.

Prompt filing preserves proof. With each passing month, memories fade, surveillance footage is overwritten, vehicles get repaired, and witnesses move. If a collision video from a convenience store is kept only 30 days, waiting too long can erase a key liability fact. Medical malpractice records can also be altered by routine system updates; timely requests secure complete charts.

Core purposes behind the time limit to sue for injury include:

• Preserving accurate evidence and witness testimony
• Encouraging prompt medical diagnosis and causation linking
• Protecting defendants from stale claims and indefinite threat of suit
• Promoting judicial efficiency and predictability for all parties
• Providing insurers and public entities prompt notice to investigate

Missing the personal injury claim deadline California law imposes can lead to dismissal, no matter how strong your injuries are. Insurers track the California accident claim time limit and may use an approaching deadline to pressure unfair settlements.

At the same time, the law recognizes hidden harms. The “discovery rule” extends deadlines when a reasonable person could not have discovered the injury or its negligent cause right away—common with delayed-onset traumatic brain injuries or toxin exposures. Medical malpractice has its own framework: generally one year from discovery or three years from the injury, whichever occurs first, reflecting a balance between fairness and finality.

Claims against government entities carry a shorter, mandatory notice period—typically six months to file an administrative claim—so agencies can quickly investigate, fix hazards, and budget for potential liability. For example, a trip-and-fall on a city sidewalk requires swift action long before filing personal injury lawsuit CA courts will hear.

Certain periods may be paused (tolled) to protect those unable to act, such as minors, but exceptions apply and medical cases have special rules. The practical takeaway: identify the applicable negligence claim statute of limitations on day one, preserve evidence immediately, and calendar every step. Weinberger Law Firm helps clients determine the correct California accident claim time limit and file on time to keep negotiations and litigation leverage intact.

General California Personal Injury Timeline

Most California negligence cases have a two-year window to sue. In general, the California personal injury statute of limitations is two years from the date of injury (California Code of Civil Procedure 335.1). Miss it, and you lose the right to file.

Key timelines to know:

• General negligence (car, motorcycle, slip and fall, dog bite, product defect): 2 years from the injury date.
• Wrongful death: 2 years from the date of death.
• Property damage (vehicle or other property): 3 years.
• Medical malpractice: 1 year from when you knew or should have known of the injury, or 3 years from the date of injury—whichever occurs first, with limited exceptions (for example, a retained foreign object). For minors under 6: before the 8th birthday or within 3 years, whichever is longer.
• Claims against government entities (city, county, state, school districts, public transit): You must present a government claim within 6 months of the incident. If the agency sends a written rejection, you have 6 months from the mailing date to file a lawsuit. If there’s no written rejection, you generally have up to 2 years from the injury to sue, but only if you timely presented the claim first.
• Uninsured/underinsured motorist claims: Your auto policy may impose strict deadlines (often requiring a written demand for arbitration within 2 years). Contract time limits can be shorter than the statute, so act fast.

Important modifiers:

• Discovery rule: If you couldn’t reasonably discover your injury right away (for example, latent harm from a defective product), the clock may start when you knew or should have known of the injury and its negligent cause.
• Minors and incapacity: Some claims can be tolled until a minor turns 18 or while a person lacks legal capacity, but special rules and exceptions apply—especially for medical malpractice and government claims.
• Absent or concealed defendants can pause the clock in limited circumstances.

Example: If a crash happened on January 10, 2025, the standard personal injury claim deadline in California is January 10, 2027. If the at-fault driver was a city employee in a city vehicle, you must file a government claim by July 10, 2025, and—if rejected—sue within 6 months of the rejection notice.

Because the personal injury claim deadline in California can shift based on facts, parties, and claim type, prompt legal review protects your rights and maximizes your filing options.

Specific Case Type Exceptions

While the general California personal injury statute of limitations is two years from the date of injury, several case types follow different clocks or add extra steps. Missing these nuances can bar recovery even when liability is clear.

• Claims against government entities: If your injury involves a city, county, state agency, or public employee, you must first file an administrative claim within 6 months of the incident under the Government Claims Act. If the claim is denied in writing, you typically have 6 months from the denial to sue. If no written response is issued within 45 days, the claim is deemed rejected and the time to file a lawsuit can extend up to 2 years from the injury—provided the administrative claim was timely. Example: a slip-and-fall at a city-owned building requires the 6‑month claim before filing personal injury lawsuit CA.

• Medical malpractice: California’s negligence claim statute of limitations for malpractice is the earlier of 1 year from when you discovered (or reasonably should have discovered) the injury, or 3 years from the date of the malpractice. Fraudulent concealment and a “foreign object” left in the body can toll the deadline. For minors under 6, the deadline is the later of 3 years or the child’s 8th birthday.

• Product liability and toxic exposure: The two‑year period often runs from discovery of the injury and its negligent cause, not the exposure date, making the personal injury claim deadline California more flexible for latent harms.

• Uninsured/underinsured motorist (UM/UIM): Separate contractual time limits apply—often two years to demand arbitration or file suit against the insurer—shortening the California accident claim time limit even when the underlying negligence claim is still timely. Example: a hit‑and‑run where you must act quickly under your policy.

• Wrongful death: Generally 2 years, but government and medical‑malpractice rules above can control.

• Minors and incapacitated plaintiffs: Most personal injury deadlines are tolled until age 18 or while the person lacks legal capacity. However, the 6‑month government-claim requirement still applies, with limited late-claim relief available.

• Sexual assault: Adults typically have 10 years from the assault or 3 years from discovery of injury; childhood sexual assault claims may be brought until age 40 or within 5 years of discovery. Special revival statutes may also apply.

Property damage related to an accident has a 3‑year time limit to sue for injury to property, which is separate from bodily injury deadlines.

Because exceptions are fact‑dependent, confirm your specific California accident claim time limit before it expires.

Understanding the Discovery Rule

In California, the discovery rule can delay when the California personal injury statute of limitations begins to run. Instead of starting on the date of the accident, a claim may accrue when you knew, or reasonably should have known, both that you were injured and that the injury was caused by someone’s wrongful conduct. Courts call this “actual or constructive notice,” and they require reasonable diligence once facts would make a reasonable person suspicious.

This matters most for latent injuries and hidden causes. Common scenarios include:

• Toxic exposure or hazardous substances, where symptoms develop months or years later.
• Defective products or medical devices that fail over time, revealing the defect only after harm occurs.
• Medical malpractice that is not apparent immediately, such as a missed diagnosis.

Example: You develop respiratory problems a year after moving into an apartment and later learn about concealed toxic mold. Your personal injury claim deadline California may run from when you discovered (or should have discovered) the mold’s role in your illness, not your move-in date.

By contrast, in a car crash with immediate pain and property damage, the California accident claim time limit usually starts on the accident date because the injury and probable negligence are apparent. The discovery rule does not extend deadlines just because you didn’t know the full extent of your damages, or because you were unaware of the law.

Special applications:

• Medical malpractice: California law generally requires filing within one year of discovery or three years of injury, whichever occurs first, with limited exceptions for fraud, intentional concealment, or a retained foreign object.
• Government entities: You must typically present a government claim within six months of accrual. The discovery rule can affect accrual, but these administrative deadlines are strict.
• Pleading standard: If you rely on delayed discovery when filing a personal injury lawsuit CA, you must allege when and how you discovered the claim and why earlier discovery was not possible with reasonable diligence.

Because the negligence claim statute of limitations and the time limit to sue for injury can hinge on nuanced facts, prompt evaluation is critical. Weinberger Law Firm can assess whether the discovery rule applies, preserve evidence, and ensure your claim is filed on time.

When the Deadline Can Be Tolled

California law recognizes limited situations where the clock on the California personal injury statute of limitations pauses (is “tolled”). Tolling is fact-specific and narrowly applied, but it can preserve claims that might otherwise be time-barred.

Common tolling scenarios include:

• Discovery rule: If you did not and could not reasonably discover your injury or its negligent cause right away, the period may start when you discovered (or should have discovered) the injury. Examples include latent traumatic brain injuries, toxic exposures, or defects causing delayed failures.
• Minors: For most negligence claims, the time limit to sue for injury is paused until the minor turns 18. Important exception: claims against a public entity require a government claim within six months; minority does not toll that claim-presentment deadline.
• Incapacity/unsound mind: When a plaintiff is legally “insane” or lacks the capacity to manage their affairs due to the injury (e.g., severe cognitive impairment), the period may be tolled while the incapacity persists.
• Defendant concealment or fraud: If a defendant hides their identity, conceals wrongdoing, or misleads you in a way that prevents timely filing, courts may apply equitable tolling or estoppel until discovery of the facts.
• Defendant out of state: Time may be tolled while an individual defendant is outside California, though courts limit this where the defendant can still be served or is otherwise subject to California jurisdiction.
• Pursuit of another remedy: Equitable tolling can apply when you timely pursue an alternate process in good faith (e.g., workers’ compensation or internal claims), the defendant had notice, and there is no prejudice.
• Bankruptcy stay: If the at-fault party files bankruptcy, the automatic stay pauses litigation; the filing personal injury lawsuit CA deadline may extend after the stay lifts.
• COVID-19 emergency relief: Judicial Council Emergency Rule 9 tolled many civil statutes of limitations from April 6, 2020 to October 1, 2020. Incidents from that period warrant careful calculation.
• Medical malpractice specifics: Separate rules apply—generally one year from discovery or three years from the date of injury (with limited exceptions for fraud, concealment, or a retained foreign object). For minors under six, the outside limit is the eighth birthday or three years, whichever is longer.
• Doe defendants: California’s “Doe pleading” can let you timely file and later substitute the correct defendant once discovered, which can function like tolling if statutory requirements are met.

Tolling rarely excuses missing the personal injury claim deadline California, and special rules (like the six-month government claim) can be shorter than the general California accident claim time limit. A precise analysis is essential to protect your negligence claim statute of limitations.

Consequences of Missing the Deadline

Missing a California personal injury statute of limitations deadline is usually case-ending. If a complaint is filed after the applicable period, courts typically dismiss it with prejudice, meaning you permanently lose the right to pursue compensation for medical bills, lost income, and pain and suffering. Insurers know this. If the personal injury claim deadline California has passed, a carrier has little incentive to negotiate and may withdraw any prior offer.

Deadlines vary, so the consequence depends on the type of claim:

• General negligence and product liability: Two years from the date of injury. If you miss this California accident claim time limit, your negligence claim statute of limitations has expired and your lawsuit will be barred.
• Medical malpractice: The earlier of one year from discovery or three years from the injury (with special rules for minors). Filing after these periods results in dismissal.
• Wrongful death: Two years from the date of death.
• Claims against government entities: An administrative claim must be presented within six months. Missing this step is often fatal. A late-claim petition may be possible within one year, but relief is discretionary and limited.

Practical fallout can be just as damaging:

• Loss of leverage: After the time limit to sue for injury expires, “filing personal injury lawsuit CA” is no longer an option, and settlement leverage disappears.
• Evidence decay: Surveillance footage may be overwritten, vehicles repaired or scrapped, accident scenes altered, and witnesses harder to find or less reliable. Even if an exception could toll the deadline, the weakened proof can reduce case value.
• Procedural traps: Relying on insurer talks doesn’t pause the statute. You must file or secure a written tolling agreement. Failing to name a public entity or serve a claim properly can also doom an otherwise strong case.

If you think you’ve missed a deadline, act immediately. Limited exceptions may apply—delayed discovery, the defendant’s concealment or out-of-state absence, minority, incapacity, bankruptcy stays, or equitable tolling/estoppel. Each requires specific facts and prompt action. A focused review can determine whether an exception saves the claim or whether rapid filing is still possible against all responsible parties.

Why Legal Counsel is Crucial

Missing a deadline can end a case before it starts. The California personal injury statute of limitations is riddled with exceptions, accrual rules, and agency-specific requirements that can shorten or extend your window. Experienced counsel can pinpoint the exact “clock start,” preserve your rights, and keep every filing on schedule.

Key timelines vary by claim. A lawyer will confirm which applies to you and whether any tolling rules change the date:

• General personal injury and wrongful death: 2 years from the injury or death
• Claims against a city, county, or state agency: government claim due in 6 months; if rejected, only 6 months to sue
• Medical malpractice: 1 year from discovery of the injury or 3 years from the date of injury, whichever occurs first
• Property damage: 3 years
• Product liability: generally 2 years
• Uninsured motorist claims: typically 2 years to demand arbitration under the policy

Accrual and exceptions are where cases go off track. Counsel assesses whether the discovery rule delays the personal injury claim deadline California—for example, a concussion diagnosed weeks after a crash or a latent defect in a product uncovered months later. Lawyers also evaluate tolling for minors or incapacity, fraudulent concealment, or when a defendant is out of state. If a public entity is involved, attorneys file the mandatory claim on time, track the rejection date, and move quickly within the shortened six-month window.

Complex defendant scenarios demand precision. In multi-vehicle collisions or product cases, attorneys use California’s Doe defendant procedure to file within the time limit to sue for injury and later “relate back” when identities are confirmed—avoiding dismissal based on misnamed or unknown parties.

Beyond deadlines, counsel preserves evidence early—vehicle data, surveillance, 911 records, medical documentation—and issues spoliation notices that strengthen negotiation leverage. Skilled lawyers handle insurer communications, calculate all recoverable damages, and sequence filings so that settlement talks don’t jeopardize the California accident claim time limit.

If you are filing personal injury lawsuit CA or pursuing a negligence claim statute of limitations issue, legal guidance helps you meet every requirement the first time—and positions your case for maximum compensation under California law.

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