What Is a Statute of Limitations?
A statute of limitations is a legal deadline for filing a lawsuit. Once it passes, the person you are trying to hold responsible can ask the court to dismiss the case, and the court almost always will, no matter how strong your claim was. It exists so that disputes are resolved while evidence and memories are still fresh.
For injured people, the practical takeaway is simple: a valid claim becomes worthless the day the deadline passes. That is why understanding your specific deadline early matters so much.
- Personal injury: 2 years from the date of injury.
- Claim against a government agency: 6 months to file the initial claim.
- Property damage: 3 years from the date of damage.
- Injury to a minor: the 2-year clock generally starts at their 18th birthday.
How Long Do You Have for an Injury Claim?
For most personal injury claims in California, including car accidents, motorcycle crashes, slip and falls, and dog bites, the deadline is two years.
“An action for injury to an individual caused by the wrongful act or neglect of another must be filed within two years.” Cal. Code Civ. Proc. § 335.1. Damage to property has a separate three-year deadline under § 338.
Two years can feel like plenty of time, but building a strong case takes months of investigation, medical documentation, and negotiation. Waiting until the deadline is near limits what a lawyer can do and weakens your position.
When Does the Clock Start?
In most cases, the clock starts on the date of the injury, the day of the crash or the fall. But not every injury is obvious right away, so California recognizes the discovery rule.
Under the discovery rule, if you did not know and could not reasonably have known you were harmed, the clock may not start until you discover the injury or should have discovered it. This matters for injuries that surface later or harm that was not immediately connected to its cause. The rule is applied narrowly, so it should never be assumed without legal advice.
The Six-Month Government Deadline
This is the exception that catches people off guard and ends otherwise strong cases. If your injury involved a government agency, a city or county vehicle, a state-owned road, a public bus, or a dangerous public property, you do not get two years to start.
Before you can sue a public entity in California, you generally must file a formal written claim with that entity within six months of the incident (Gov. Code § 911.2). Miss that six-month window and your right to sue the government can be lost before the two-year period is anywhere close to running out.
Because it is not always obvious that a government entity is involved, any crash with a public vehicle or on public property is worth a quick legal review right away.
Exceptions That Can Change the Deadline
A limited set of circumstances can pause or extend the standard deadline. The most common ones:
| Situation | Effect on the deadline |
|---|---|
| Injured person is a minor | The two-year clock generally does not start until the child turns 18. |
| Injury discovered late | Under the discovery rule, the clock may start when the harm was or should have been discovered. |
| At-fault party leaves California | Time the defendant is out of state may not count against the deadline. |
| Injured person is incapacitated | The deadline may be paused while a person is legally unable to act on their own behalf. |
These exceptions are narrow and fact-specific. Do not rely on one without confirming it applies to your situation, because guessing wrong means losing the claim entirely.
What Happens If You Miss the Deadline?
If you file after the statute of limitations has run, the other side will move to dismiss, and the court will almost certainly grant it. The strength of your case does not matter at that point. This is why the safest approach is to treat the deadline as sooner than it is and get a claim moving well before it arrives.
If you are unsure which deadline applies to you, a free call can pin it down in minutes and make sure nothing is running out while you wait.