California Statute of Limitations Checker

Most California personal injury claims must be filed within 2 years of the injury under CCP § 335.1, but exceptions can shorten this window to as little as 6 months. Use the free checker below to find your exact filing deadline: select your case type, enter the date of the incident, and get your deadline instantly. Your information stays private and is calculated entirely in your browser.

California Statute of Limitations by Case Type

The statute of limitations is the legal deadline for filing a lawsuit. Miss it, and the court will almost certainly dismiss your case, no matter how strong it is. In California, the deadline depends on the type of claim you have. Here are the most common ones:

In California, the statute of limitations for a car accident injury claim is two years from the date of the accident under CCP § 335.1. This same two-year deadline applies to motorcycle accidents, pedestrian accidents, bicycle accidents, and rideshare (Uber or Lyft) injury claims. If your vehicle was damaged but you were not hurt, you have three years to file a property damage claim under CCP § 338.

When Does the Clock Start?

For most claims, the clock starts on the date the injury happens. This is called the accrual date. If you were rear-ended on March 10, 2026, your two-year deadline for a bodily injury claim runs out on March 10, 2028.

But not every injury is obvious right away. California applies the discovery rule to situations where you could not reasonably have known you were injured or that someone else caused it. In those cases, the clock starts when you discovered the injury, or when a reasonable person in your position should have discovered it.

The discovery rule matters most in:

• Medical malpractice, where a surgical error or misdiagnosis may not surface for months. You get one year from discovery, capped at three years from the negligent act.
• Toxic exposure cases, where illness can develop years after contact with a harmful substance.
• Delayed injury symptoms after an accident, though courts apply this narrowly. Soreness that worsens into a diagnosed injury usually does not restart the clock, so never rely on delayed symptoms to buy time.

The safest assumption is always that your deadline runs from the date of the incident itself.

Exceptions That Pause or Shorten the Deadline

California law recognizes several situations that pause the statute of limitations. Lawyers call this tolling. When a tolling condition applies, the clock stops running and resumes when the condition ends.

• The injured person is a minor. The statute of limitations is tolled until the child turns 18. A 15-year-old injured in a car accident generally has until their 20th birthday to file. Important exception: medical malpractice claims for minors follow different rules under CCP § 340.5.
• The defendant leaves California. Time the defendant spends out of state may not count against your deadline under CCP § 351.
• Mental incapacity. If the injured person lacks legal capacity at the time of the injury, the deadline can be tolled until capacity is restored.
• Incarceration. Imprisonment at the time the claim arises can toll the deadline for up to two years.
• Defendant's bankruptcy. An automatic bankruptcy stay pauses litigation deadlines until the stay is lifted.

The 6-Month Government Claim Deadline

This is the exception that catches people off guard, and it shortens your deadline rather than extending it. If your injury involves a government entity, you cannot simply file a lawsuit. You must first file an administrative claim with that entity within six months of the injury under Government Code § 911.2.

This applies far more often than people realize:

• A collision with a city bus, county vehicle, or police cruiser
• A fall on a public sidewalk, in a public park, or inside a government building
• An accident caused by a dangerous road condition, such as a missing guardrail or malfunctioning traffic signal maintained by Caltrans, a city, or a county
• Injuries on public school property

Once the government entity rejects your claim, you generally have six months from the rejection notice to file a lawsuit. If you were hurt anywhere in San Diego County and a public entity might be involved, treat your deadline as six months, not two years, until an attorney confirms otherwise.

What Happens If You Miss the Deadline?

If you file after the statute of limitations expires, the defendant will file a motion to dismiss, and the court will grant it. The strength of your evidence will not matter. The severity of your injuries will not matter. The case ends before it begins, and you lose the right to recover compensation permanently.

There are narrow paths to relief. If you missed the six-month government claim deadline, you can petition for leave to present a late claim under Government Code § 946.6, but you must show a valid excuse such as mistake, surprise, or excusable neglect, and courts deny these petitions regularly. Equitable tolling can apply in rare situations where you were actively pursuing an alternative remedy. These are exceptions argued after the fact, not strategies to rely on.

The practical takeaway: deadlines in California injury cases are unforgiving, and the shortest ones apply to the cases people least expect. If the checker above shows your deadline is approaching, or if you are unsure whether an exception applies to your situation, speak with an attorney now rather than later. Evidence disappears, witnesses move, and insurance companies know exactly how much leverage they gain as your deadline gets closer.

Frequently Asked Questions

What is a statute of limitations?

A statute of limitations is a law that sets the maximum time you have to start a lawsuit after an injury or dispute. Each type of claim has its own deadline. In California, most personal injury claims must be filed within two years of the injury.

What happens if I miss the deadline?

Your case will be dismissed and you permanently lose the right to sue, regardless of how strong your claim is. Courts grant exceptions only in rare, narrowly defined circumstances.

When does the clock actually start?

Usually on the date of the injury. Under the discovery rule, it can start later if you could not reasonably have known about the injury, which is most common in medical malpractice and toxic exposure cases.

What is tolling?

Tolling pauses the statute of limitations. Common tolling situations in California include the injured person being a minor, the defendant leaving the state, mental incapacity, incarceration, and the defendant's bankruptcy.

Do I need to file with an agency before I can sue?

If your claim is against a government entity, yes. You must file an administrative claim within six months under the Government Claims Act before you can file a lawsuit. Some employment claims also require filing with an agency such as the Civil Rights Department first.

What if I have multiple claims from the same incident?

Each claim carries its own deadline. A car accident can produce a bodily injury claim with a two-year deadline and a property damage claim with a three-year deadline. The safest approach is to act within the shortest applicable deadline.

Is the statute of limitations different for minors in California?

Yes. For most injury claims, the deadline is tolled until the minor turns 18, meaning they generally have until age 20 to file a personal injury lawsuit. Medical malpractice claims for minors follow separate rules, and government claim deadlines are not extended for minors in the same way, so parents should not assume extra time applies.

Can the statute of limitations be extended?

Only in limited situations, such as tolling for minority or incapacity, the discovery rule, or a defendant's absence from the state. Parties can also agree in writing to extend a deadline in some cases, which sometimes happens during insurance negotiations. Never assume an extension applies without legal confirmation.

Does the statute of limitations apply to insurance claims too?

No. Deadlines for filing an insurance claim are set by your policy and are usually much shorter, often requiring notice within days or weeks of the incident. The statute of limitations governs lawsuits, not insurance claims. You should report to your insurer promptly and treat the lawsuit deadline as a separate, independent clock.

How long does a lawsuit take once filed?

Most California personal injury cases resolve within one to two years of filing, though many settle earlier during negotiations. Filing on time preserves your rights and typically strengthens your negotiating position even if the case never goes to trial.

Disclaimer: This tool and article are for general informational purposes only and do not constitute legal advice. Statutes of limitations involve exceptions and fact-specific rules that can change your deadline. Consult a licensed California attorney about your specific situation. Reviewed by Calvin Ngo, Attorney at Law. Last updated: August 2026.