Civil Litigation
Personal Injury Statute of Limitations in California
The 2-Year Rule — CCP 335.1
California Code of Civil Procedure 335.1 sets a 2-year statute of limitations for personal injury and wrongful death. If you miss the deadline, you generally lose the right to sue, no matter how strong your case.
When Does the Clock Start?
Typically from the date of the accident or incident that caused the injury. For medical malpractice, there are special rules: 1 year from discovery or 3 years from the date of injury, whichever is earlier (with limited exceptions).
Discovery Rule
For injuries that are not immediately apparent—such as some occupational diseases, toxic exposure, or delayed diagnosis—the clock may start when you discovered, or reasonably should have discovered, the injury and its cause.
Exceptions and Tolling
The statute may be tolled if: the defendant is out of state, the plaintiff is a minor (until 18), or the plaintiff is mentally incapacitated. Government claims have a much shorter deadline (6 months to file a claim with the government entity)—do not miss it.
See the full California statute of limitations guide for other case types.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in California?
Generally 2 years from the date of injury (CCP 335.1). For wrongful death, 2 years from the date of death. There are exceptions—including the discovery rule for latent injuries—so consult an attorney promptly.
What is the discovery rule?
If you did not discover (and could not reasonably have discovered) your injury until later, the statute of limitations may run from the date of discovery. This applies to some medical malpractice, toxic exposure, and other latent injury cases.
Are there exceptions for minors?
Yes. For minors under 18, the statute of limitations is generally tolled until they turn 18. They then have the full 2 years (or whatever the applicable period) from their 18th birthday to file.
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