California Statute of Limitations for Personal Injury
In California, the statute of limitations for personal injury is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Cal. Civ. Proc. Code § 335.1.
- Discovery rule applies: clock starts when injury is discovered or should have been discovered.
What are personal injury claims?
Claims for physical or emotional harm caused by another person's negligence or intentional act.
Details
Discovery rule applies: clock starts when injury is discovered or should have been discovered.
General California Rules
California applies the discovery rule broadly — for many causes of action, the statute does not begin to run until the plaintiff discovers or should have discovered the injury. Tolling provisions exist for minors (under 18), persons who are mentally incapacitated, and defendants who are absent from the state.
Other Statutes of Limitations in California
Personal Injury in Other States
Frequently Asked Questions
-
What is the statute of limitations for personal injury in California?
The statute of limitations for personal injury in California is 2 years. Citation: Cal. Civ. Proc. Code § 335.1.
-
When does the clock start for personal injury in California?
Discovery rule applies: clock starts when injury is discovered or should have been discovered.
-
Can the statute of limitations for personal injury be extended in California?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.