What Is the Statute of Limitations for Personal Injury Accidents in California?

If you've been injured in an accident in California, one of the most important legal deadlines you need to be aware of is the statute of limitations. This legal term refers to the time period within which you must file a lawsuit. If you miss the deadline, you could lose your right to seek compensation—no matter how valid your claim may be.

So, how much time do you have? Let's break it down.

Personal Injury Statute of Limitations in California

In most personal injury cases, California law gives you two years from the date of the injury to file a lawsuit in civil court. This applies to a wide range of personal injury incidents, including:

• Car accidents
  
  
• Slip and fall injuries
  
  
• Dog bites
  
  
• Assault or battery
  
  
• Medical malpractice (in certain cases)
  
  

California Code of Civil Procedure § 335.1 outlines this two-year limit.

What If You Don't Discover the Injury Right Away?

In some cases, an injury may not be immediately apparent. For example, symptoms from a head injury or internal trauma might not show up for days or even weeks. California has a "discovery rule" that may extend the statute of limitations.

If you didn’t know—and couldn’t reasonably have known—about your injury when it occurred, the statute of limitations may begin on the date you discovered (or should have discovered) the injury.

Exceptions to the Two-Year Rule

There are several important exceptions and nuances to keep in mind:

1. Claims Against a Government Entity

If your injury was caused by a city, county, or state government agency (like being hit by a city bus), you must file an administrative claim within 6 months of the injury. If the agency denies your claim, you then have 6 months from the denial date to file a lawsuit.

2. Medical Malpractice

California law gives you one year from the date you discovered the injury or three years from the date the injury occurred—whichever comes first.

3. Minors

If the injured person is a minor, the statute of limitations is "tolled" (paused) until they turn 18. This means they generally have until their 20th birthday to file a personal injury lawsuit—two years after reaching adulthood.

4. Defendant Leaves the State

If the person responsible for the injury leaves California after the incident but before you file your claim, the time they are out of state typically doesn’t count toward the two-year limit.

Why This Deadline Matters

Even if you’re still negotiating with an insurance company or considering a settlement, the clock keeps ticking. If you wait too long and the statute of limitations expires, the court will almost certainly dismiss your case—regardless of how severe your injuries are.

What Should You Do?

If you've been injured:

• Seek medical treatment right away.
  
  
• Document everything, including the scene of the accident, witness statements, and your medical records.
  
  
• Contact a personal injury attorney in Manhattan Beach as soon as possible to evaluate your case and help you meet legal deadlines.
  
  

Final Thoughts

The statute of limitations for personal injury claims in California is generally two years, but exceptions can apply. Time can pass quickly when you're dealing with the aftermath of an injury, so it’s important to act swiftly. Knowing your rights—and the clock you’re racing against—can make all the difference in getting the compensation you deserve.

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