Statute of Limitations for Personal Injury in California
Legal RuleIn California, most personal injury lawsuits must be filed within two years after the injury. Code of Civil Procedure section 335.1 is the general limitations statute for injury or death caused by another person's wrongful act or neglect.
Two statutory qualifications matter on this page:
- Minors and legal incapacity: Code of Civil Procedure section 352 excludes the period of minority or legal incapacity from the limitations clock. That tolling rule does not apply to public-entity claims that must be presented under the Government Claims Act.
- Claims against public entities: Government Code section 911.2 generally requires a written government claim within six months after accrual. If the claim is rejected with written notice, Government Code section 945.6 generally requires suit within six months after that notice; if no written rejection notice is given, section 945.6 generally allows up to two years from accrual.
Because public-entity timing rules can change the deadline materially, California injury claims involving cities, counties, school districts, or state agencies should be checked separately instead of relying only on the ordinary two-year rule.