California Personal Injury Statute of Limitations 2026

The General Rule: 2 Years Under CCP §335.1

California Code of Civil Procedure §335.1 establishes a 2-year statute of limitations for most personal injury claims, including car accidents, slip and fall, assault, and product liability. The clock generally starts on the date the injury occurred.

Missing this deadline — even by one day — almost always results in the court dismissing your case with prejudice, meaning you permanently lose your right to sue.

California Personal Injury Deadlines at a Glance

The Discovery Rule — When the Clock Starts Later

California's "discovery rule" delays the statute of limitations when the plaintiff didn't know and couldn't reasonably have known about their injury. This commonly applies to:

• Toxic exposure cases (asbestos, chemical injuries) where symptoms appear years later
• Medical malpractice where the negligent act isn't immediately obvious
• Latent defects in products that cause delayed harm

Under the discovery rule, the 2-year clock starts when you knew or should have known about both the injury and its negligent cause — not necessarily when the harmful act occurred.

Government Claims Act — The Critical 6-Month Deadline

After filing a government claim, the agency has 45 days to accept or reject it. If rejected, you have 6 months from the rejection letter (or 6 months from the deadline if no rejection is sent) to file a lawsuit.

Common San Diego Government Injury Scenarios

• MTS (Metropolitan Transit System) bus accidents
• City of San Diego sidewalk/pothole trip and falls
• San Diego County government vehicle accidents
• Caltrans highway defects (I-5, I-8, I-15 corridors)
• San Diego Unified School District incidents
• San Diego Harbor Police/lifeguard incidents

Tolling (Pausing) the Statute of Limitations

Several circumstances can "toll" (pause) the running of the statute of limitations:

• Minority — For victims under 18, the clock is paused until age 18 (CCP §352)
• Mental incapacity — Tolled during period of legal incapacity (CCP §352)
• Defendant's absence from California — Tolled while defendant is out of state (CCP §351)
• Fraudulent concealment — If defendant hid the cause of injury
• Active military service — SCRA may toll deadlines for active duty servicemembers

Medical Malpractice — Different Rules

California medical malpractice (CCP §340.5) uses a "dual deadline" rule — the earlier of:

• 3 years from the date of the negligent act or omission, OR
• 1 year from the date you discovered (or should have discovered) the injury

For foreign objects left in the body (surgical sponges, instruments), the 3-year limit doesn't apply — only the 1-year discovery rule governs.

Note: California's MICRA cap on noneconomic medical malpractice damages was $250,000 for decades; AB 35 (2022) gradually raised it to $350,000 (non-death) and $500,000 (wrongful death) by 2033.

What Happens If You File After the Deadline?

If you file after the statute of limitations expires, the defendant will almost certainly file a motion to dismiss. California courts dismiss time-barred cases without reaching the merits, regardless of how strong your underlying injury claim is. The court's hands are tied by the statute.

In rare circumstances, a court may allow a late-filed case based on equitable tolling or estoppel arguments — but these are exceptional remedies, not a safety net.

This article is for informational purposes only and is not legal advice. Statutes of limitations are highly fact-specific. Consult a licensed California personal injury attorney immediately if you have questions about your deadline. SDAttorneyFinder is not a law firm.