California Personal Injury Statute of Limitations Calculator

Two years covers most California injury claims — but the moment a government entity is involved, that window shrinks to just 180 days for the first, easy-to-miss step. Enter your dates below to see your actual deadline.

Code Civ. Proc. § 335.1 FigureMyTax Editorial Team Free · no sign-up

When is your filing deadline?

Pick the type of claim and the date of the injury. We'll show the actual California deadline, in plain terms.

Deadline to file suit
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The general rule: two years

Under Code of Civil Procedure § 335.1, an action for assault, battery, or injury to, or death of, an individual caused by the wrongful act or neglect of another must generally be filed within two years. This covers most negligence-based claims: car accidents, slip and falls, dog bites, and premises liability.

Medical malpractice: a shorter, two-part deadline

Medical malpractice claims follow a genuinely different structure under Code of Civil Procedure § 340.5: the deadline is whichever comes first — one year from the date the injury is discovered, or three years from the date of the malpractice itself. In practice, this often means the effective deadline is considerably shorter than the general two-year rule, since the one-year discovery clock frequently expires well before the three-year outer limit would.

Government claims: a much shorter first step

This is the detail that catches the most people off guard. Before suing any California government entity — a city, county, school district, or state agency — a formal claim must first be presented to that entity within just 180 days (six months) of the injury, under Government Code § 911.2. This isn't the lawsuit itself; it's a mandatory administrative first step, and missing it can permanently bar the underlying claim even though the familiar two-year period most people have heard of hasn't come close to running out. See our full guide to California's government claims process for what happens after that initial claim is filed.

Wrongful death: two years from the date of death

A wrongful death action generally must be filed within two years, measured from the date of death rather than the date of the original injury, under the same general framework as Code of Civil Procedure § 335.1.

Minors and other tolling situations

California tolls — pauses — the two-year clock until a minor turns 18, and in several other real situations as well. See our guide to California's discovery rule and tolling for the full list of when the clock pauses.

California statute of limitations — frequently asked questions

How long do I have to file a personal injury lawsuit in California?

Generally two years from the date of injury, under Code of Civil Procedure § 335.1. This covers most claims, including car accidents, slip and falls, and wrongful death.

What is California's deadline for medical malpractice?

Whichever comes first: one year from discovering the injury, or three years from the date of the malpractice, under Code of Civil Procedure § 340.5.

How much time do I have to present a claim against a California government entity?

Just 180 days (six months) from the date the claim accrues, under Government Code § 911.2 — far shorter than the general two-year rule, and this is a claim presentment step, not the lawsuit itself.

Does California give minors more time to file a personal injury claim?

Yes. The two-year clock is tolled until a minor turns 18, giving them until their 20th birthday to file for an injury that happened at age 10, for example.

What happens if I miss California's filing deadline?

The court will almost always dismiss the case, and the right to seek compensation is lost permanently, regardless of how strong the underlying claim was.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on California statute (Code Civ. Proc. § 335.1, § 340.5; Gov. Code § 911.2) verified per our methodology. Deadlines can vary based on the specific facts of a claim. Confirm your actual deadline with a licensed California attorney before acting.