California's Statute of Limitations: Don't Lose Your Right to Sue

Quick Answer: California gives you two years from the date of injury to file a personal injury lawsuit (Code of Civil Procedure § 335.1). Key exceptions: claims against government entities require a claim within 6 months, medical malpractice has its own rules, and the clock can pause for minors or late-discovered injuries.

The two-year deadline is jurisdictional — the Judicial Council of California reports that courts dismiss otherwise-valid cases every year solely because they were filed late. Government claims under the Government Claims Act carry an even shorter 6-month administrative deadline.

The Two-Year Rule

Under California Code of Civil Procedure § 335.1, you have two years from the date of your injury to file a personal injury lawsuit. Two years sounds like plenty of time. It is not — building a strong case takes months.

Government Entity Claims: Only 6 Months

If your accident involved a city bus, a county-maintained road, or any government vehicle, you must file a government tort claim within six months of the incident (Gov. Code § 911.2). Miss this window and you lose the right to sue the government entity, period.

Exceptions That May Extend the Deadline

Minors: the clock does not start until the injured person turns 18. Discovery rule: for injuries not immediately apparent, the clock starts when you discover the injury.

What Happens If You Miss the Deadline

The defendant files a motion to dismiss. The court grants it. Your case is over — no matter how badly you were hurt or how clear the liability.

Sources

• California Code of Civil Procedure § 335.1
• Judicial Council of California — Court Statistics Report