The clock starts on the date of injury. The controlling statute is Cal. Civ. Proc. Code § 335.1 (PI). Filing one day late dismisses the case with prejudice.
If you were injured in California and intend to sue the at-fault party, the most important date on your calendar is the statute-of-limitations deadline. Nothing else matters if you cross it.
California's personal-injury deadline is 2 years from the date of injury (Cal. Civ. Proc. Code § 335.1 (PI), § 340.5 (medmal)). Medical-malpractice claims run separately at 1 year, often with a discovery-rule trigger. Property-damage claims have a 3-year deadline.
The statute itself, Cal. Civ. Proc. Code § 335.1 (PI), § 340.5 (medmal), is the controlling authority. Interpretive decisions come from CA Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
Accrual in California means the date you sustained the injury. The fact that you settled with the at-fault driver's insurer or filed a PIP claim does not extend the period. Only a proper civil complaint stops the clock.
California courts recognize a "discovery rule" exception: the statute does not begin running until the plaintiff knew or reasonably should have known of the injury and its cause. This matters most in latent-injury cases like asbestos exposure, surgical sponge cases, or chemical poisoning.
The consequence of filing one day late is the same as filing one year late , total bar. California courts have repeatedly rejected "near miss" equitable arguments. If the deadline is two years and you file on day 731, the case is dead.
Children injured in California get a tolling rule: the statute does not begin running until the minor reaches the age of majority. This means a five-year-old injured in a car accident generally has until age 18 + the standard SOL years to file.
California courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most California cases.
If the at-fault party leaves California after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the California insurance commissioner have narrowed this rule.
If the defendant actively concealed the cause of action, California courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
The California Tort Claims Act imposes pre-suit notice requirements on claims against state and municipal defendants. These notices are jurisdictional , failing to serve them on time, in the form required by statute, dismisses the case regardless of the SOL.
The statute of limitations decides whether you can sue. California's comparative-negligence rule then decides what you can collect.
California applies pure comparative negligence. California uses pure comparative negligence: a plaintiff can recover even if 99% at fault, but recovery is reduced by their percentage of fault. Authority: Li v. Yellow Cab Co. (1975).
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 2 years | Cal. Civ. Proc. Code § 335.1 (PI) | Date of injury |
| Medical malpractice | 1 year | Cal. Civ. Proc. Code § 335.1 (PI) | Discovery or treatment end |
| Wrongful death | 2 years | Cal. Civ. Proc. Code § 335.1 (PI) | Date of death |
| Property damage | 3 years | Cal. Civ. Proc. Code § 335.1 (PI) | Date of damage |
California is a pure at-fault (tort) state for car-accident claims. That means injured parties can sue the at-fault driver directly. The minimum liability coverage required under Cal. Veh. Code § 16056 is 15/30/5.
California does not mandate UM coverage but insurers must offer it (Cal. Ins. Code § 11580.2). Most policies include it at a minimum of 15/30.
California caps non-economic damages in medical-malpractice cases at $350,000. Punitive damages are uncapped. Authority: Cal. Civ. Code § 3333.2 (MICRA, raised by AB 35 effective 2023).
California tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their California insurer.
Insurance negotiations do not toll the statute. California courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard California SOL.
Tolling pauses the clock. California recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but California courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Yes, in limited circumstances. California permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
No. Only proper filing of a civil complaint in a California court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. California does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Last verified against primary sources on 2026-05-16.