Statute of limitations for personal injury in California

California's personal-injury limitations period is two years from the date of injury, with the discovery rule available to delay accrual when the harm was not reasonably knowable. Tolling is available for minors and during periods of legally recognized incapacity. Suits against public entities require a pre-suit administrative claim within six months.

SoL period

2 years

From the date the cause of action accrues

Compute your deadline

Filing deadline

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Where this rule comes from

Statute

Cal. Code Civ. Proc. § 335.1

"Within two years: injury to, or death of, an individual caused by wrongful act or neglect."

Read the full statute Last verified May 7, 2026 by Juryvine Editorial

What can extend or pause this clock

Discovery rule. California applies the discovery rule generally: the clock starts when the plaintiff knew or should have known of the injury and its cause. Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103.

Minority tolling. Cal. Code Civ. Proc. § 352(a) tolls the statute while plaintiff is under 18.

Government Tort Claims Act. Under the California Government Claims Act (Cal. Gov. Code § 911.2), a written claim must be filed with the public entity within six months of accrual. After denial, suit must be filed within six months. Pre-suit administrative claim deadline: 180 days.

Frequently asked

What is the statute of limitations for personal injury in California?: 2 years from the date the cause of action accrues. Authority: Cal. Code Civ. Proc. § 335.1.
What if the injury wasn't immediately apparent?: California applies the discovery rule generally: the clock starts when the plaintiff knew or should have known of the injury and its cause. Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103.
What if the plaintiff was a minor?: Cal. Code Civ. Proc. § 352(a) tolls the statute while plaintiff is under 18.
What if the defendant is a government agency?: Under the California Government Claims Act (Cal. Gov. Code § 911.2), a written claim must be filed with the public entity within six months of accrual. After denial, suit must be filed within six months.

Personal Injury statute by state

Florida 2 years Illinois 2 years New York 3 years Pennsylvania 2 years Texas 2 years

Other California statutes of limitations

Medical Malpractice 1 year Wrongful Death 2 years Breach of Written Contract 4 years Breach of Oral Contract 2 years Fraud 3 years Wrongful Termination 2 years Civil Rights — 42 U.S.C. § 1983 2 years Premises Liability 2 years

Not legal advice. Statutes of limitations are governed by complex doctrine with many exceptions. Use this page as a starting point and verify with an attorney before relying on any deadline. Juryvine is not a law firm and does not represent clients.