California Personal Injury Statute of Limitations Guide

Short answer: California personal injury filing deadlines are claim-type and fact specific. Many private injury lawsuits run under Code of Civil Procedure section 335.1, while some types of claims against public entities require an earlier administrative presentation under the Government Claims Act. This page maps which clock category may apply and points to primary statute text verified as of October 28, 2026. It is informational only.

Attorney Advertising. This guide explains process and primary sources, not a promise of any outcome or that a particular claim is still timely. Prior results do not guarantee a similar outcome.

Which clock may apply

California does not use one national personal injury deadline. Identify which clock category fits the claim, then verify the primary Code section that governs that category.

Some types of claims fall into different calendars:

1. Private personal injury lawsuit. Often discussed under CCP section 335.1 (injury or death from wrongful act or neglect).
2. Public-entity path. Claim presentation first under Government Code section 911.2, then a lawsuit window under Government Code section 945.6.
3. Health-care professional negligence. Specialty period under CCP section 340.5.
4. Wrongful-death theories. Timing often traced to CCP section 335.1; see specialty posts below.
5. Tolling overlays. Minority or incapacity under CCP section 352 for many Chapter 3 actions, plus delayed-discovery themes that are fact-specific.

That list is not a frequency ranking. Which category applies depends on who may be liable, what theory is pled, and when the cause of action accrued.

Related reading kept in place (no redirects): statute of limitations for personal injury, California statute of limitations, and car accident statute of limitations in California.

Practical rule: Name the claim type and the defendant type before you trust any year or month figure. Waiting for a police or incident report generally does not pause the clock that already applies.

CCP section 335.1 lead (private injury and death)

California Code of Civil Procedure section 335.1, verified on October 28, 2026 (America/Los_Angeles) on California Legislative Information, states:

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

For many private California personal injury lawsuits, that two-year period is the lead rule. The statute also covers actions for death caused by wrongful act or neglect, which is why wrongful-death timing often starts with the same section.

This page does not invent when accrual begins in every fact pattern. Accrual can turn on the incident date, discovery issues, or other doctrines. Confirm current text before relying on a date. California Courts Self-Help offers orientation at civil lawsuit statute of limitations; it is not a substitute for statute text.

Exceptions and tolling rules can move these dates, and waiting for a report generally does not pause them.

Public-entity claims and Government Code section 911.2

When a city, county, school district, or other public entity may be responsible, California often requires an administrative claim presentation before a lawsuit may proceed under the Government Claims Act path.

Government Code section 911.2, verified on October 28, 2026 (America/Los_Angeles), provides in subdivision (a) that a claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after accrual.

Missing that presentation window can block the case even if a later lawsuit deadline still looks open.

After presentation, Government Code section 945.6 (verified October 28, 2026) sets when suit must be commenced:

• If written notice is given under section 913, suit must be commenced not later than six months after that notice is personally delivered or deposited in the mail.
• If written notice is not given under section 913, suit must be commenced within two years from the accrual of the cause of action (subject to stated extensions).

Exceptions and tolling rules can move these dates, and waiting for a report generally does not pause them. CCP section 352 tolling for minority or incapacity does not apply to public-entity causes of action that require claim presentation.

Tolling themes: minors, incapacity, delayed discovery

Tolling means time that may not count against the limitations period. It is not automatic bonus time from a blog summary.

CCP section 352, verified on October 28, 2026 (America/Los_Angeles), provides that if a person entitled to bring an action mentioned in Chapter 3 (commencing with section 335) is, at the time the cause of action accrued, either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for commencement of the action. Subdivision (b) states that this section shall not apply to an action against a public entity or public employee on a cause of action for which a claim must be presented under the Government Claims Act chapters listed in that subdivision.

Delayed discovery is a separate theme: in some situations, courts look at when the injury and its negligent cause were, or reasonably should have been, discovered. Medical malpractice builds a discovery rule into CCP section 340.5. For other claim types, discovery analysis is fact-specific. This guide withholds invented year figures for general delayed-discovery outcomes and does not treat AI Overview or competitor summaries as verified statute text.

Illustrative hypothetical, not a case result: Assume an adult is hurt in a private California roadway collision on a known date, with clear liability against another private driver and no public entity involved. The lead lawsuit clock many practitioners check first is the two-year period in CCP section 335.1 from accrual. If a city vehicle or dangerous public property theory is in play instead, the six-month claim presentation under Government Code section 911.2 may control the first filing step. Education only; real deadlines depend on the claim type, accrual, and current primary law.

Exceptions and tolling rules can move these dates, and waiting for a report generally does not pause them.

Specialty periods: medical malpractice and wrongful death

Some types of claims follow specialty statutes rather than the general private-injury lead alone.

CCP section 340.5, verified on October 28, 2026 (America/Los_Angeles), governs actions for injury or death against a health care provider based on alleged professional negligence. The time for commencement shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time exceed three years unless tolled for proof of fraud, intentional concealment, or the presence of a foreign body with no therapeutic or diagnostic purpose. The section also states separate timing rules for actions by minors.

Wrongful-death timing is commonly discussed under CCP section 335.1’s death clause. For specialty reading kept in place, see California wrongful death statute of limitations and wrongful death statute of limitations California.

Exceptions and tolling rules can move these dates, and waiting for a report generally does not pause them.

What to do before the clock runs

1. Identify the claim type and every possible defendant, including whether a public entity may be involved.
2. Lock the incident date, first symptom date, and first discovery date in writing.
3. Preserve medical records, bills, photos, video, witness names, and the incident or crash report number.
4. Calendar the presentation deadline if a public entity is in the picture, separately from any lawsuit deadline.
5. Verify primary statute text on California Legislative Information for the sections that apply, dated the day you rely on them.
6. Talk with counsel early enough that claim forms and suit filing can still be done on time.

Valuation and proof are a separate process track; see how much a personal injury case is worth in California.

How LA Law Group can help from Chatsworth

LA Law Group serves California personal injury clients from our Chatsworth office at 21540 Prairie St Unit A, Chatsworth, CA 91311. We do not claim a satellite office for this statewide process guide.

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FAQ

What is the statute of limitations for a personal injury claim in California? Many private personal injury claims are discussed under CCP section 335.1, which requires suit within two years for injury or death caused by wrongful act or neglect. The exact clock depends on the claim type and facts. Confirm current primary text before relying on any date.

Do claims against a city, county, or other public entity use a different clock? Some types of claims against public entities require an administrative claim presentation under Government Code section 911.2 before a lawsuit. Missing that presentation window can block the case even if a later lawsuit deadline still looks open.

Can the deadline be longer if I did not discover the injury right away? California law recognizes delayed-discovery and other tolling themes in some situations, but they are fact-specific and not automatic. Do not assume extra time from a blog summary.

What about minors or people who cannot sue for themselves? Under CCP section 352, minority or lack of legal capacity to make decisions is generally not part of the limitations period for many Chapter 3 civil actions. That tolling does not apply to public-entity claims that require Government Claims Act presentation.

Is the medical malpractice filing window the same as a general injury claim? Some types of claims, including medical malpractice, follow different periods. CCP section 340.5 generally requires action within three years after the date of injury or one year after discovery, whichever occurs first, with a three-year outer limit unless listed tolling grounds apply.

How does wrongful-death timing relate to personal injury deadlines? Wrongful-death claims are addressed in CCP section 335.1 alongside injury actions for death caused by wrongful act or neglect. See our wrongful-death SOL posts for specialty reading, and verify current Code sections before acting on any date.

How far back can someone still bring a California injury claim? There is no single look-back that fits every claim. The answer depends on which statute applies, when the injury or discovery occurred, and whether a public-entity presentation rule or tolling doctrine is in play.

Do I need to pay for an initial consultation with LA Law Group? Your initial consultation is free. Fee and cost terms, if you hire the firm, are set out in a written fee agreement before work begins.

Sources checked (dated October 2026)

Opened on October 28, 2026 (America/Los_Angeles) via Playwright (box curl to leginfo historically returns 403): CCP §335.1; Gov. Code §911.2; Gov. Code §945.6; CCP §340.5; CCP §352; California Courts Self-Help statute of limitations orientation; leginfo.legislature.ca.gov; State Bar of California.

Key takeaways

• California PI deadlines are a process: identify claim type and defendant type, then verify primary Code text.
• Many private injury and death lawsuits face a two-year clock under CCP §335.1 (verified October 28, 2026).
• Public-entity injury/death/personal-property claims generally need a six-month presentation under Gov. Code §911.2, then a separate suit window under Gov. Code §945.6.
• Medical malpractice follows CCP §340.5’s discovery and outer-limit structure.
• CCP §352 can exclude minority or incapacity time for many Chapter 3 actions, but not for public-entity claims that require Government Claims Act presentation.
• Exceptions and tolling rules can move these dates, and waiting for a report generally does not pause them.

Short checklist

1. Write down the incident date, first symptom date, and first discovery date.
2. List every possible defendant and flag any public entity.
3. Calendar presentation and lawsuit deadlines separately when both apply.
4. Preserve medical and incident records; do not wait for a report to start the legal calendar.
5. Re-open the primary statute pages on the day you rely on a date.

This article is for general information only. It is not legal advice and does not create an attorney-client relationship. Reading it does not make LA Law Group your lawyers. Limitations periods can be fact-specific. Results depend on the facts and California law. Prior results do not guarantee a similar outcome. Attorney Advertising.

Photo: RDNE Stock project on Pexels (photo 7580856), Pexels License. Cropped and resized to 1600×900; no other edits.