In California, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident or injury.

If a lawsuit is filed after this deadline, the court will dismiss the case unless a legal exception tolls (pauses) the statute of limitations. This is governed by California Code of Civil Procedure (CCP) 335.1.

Quick summary of California accident and medical malpractice statute of limitations

In most cases, the statute of limitations does not begin until the injury is discovered.

If the defendant is outside California, the statute of limitations is tolled (paused) until they return.
In medical malpractice cases, injured parties have one year from the discovery of their injury to file a lawsuit.

Why do statutes of limitations exist?

Statutes of limitations exist to encourage plaintiffs to investigate and file claims promptly, ensuring evidence remains intact and witness memories are reliable.

In car accident and personal injury cases, this is particularly critical, as key evidence like surveillance or dashcam footage is often subject to regular deletion.

What is the discovery rule?

Under California law, the statute of limitations begins when a person discovers—or reasonably should have discovered—their injury, whichever occurs first.

This principle was established in Jolly v. Eli Lilly (1998).

For example:

If someone is T-boned on January 1st and initially feels fine, but their doctor discovers soft tissue damage on February 1st, the 2-year statute of limitations starts on February 1st, the date the injury was discovered.

Tolling

In California, certain conditions can cause the statute of limitations on a personal injury case to toll (pause):

The defendant is under 18 years old.
The defendant is outside California.
The defendant is in state prison (not county jail).
The defendant is legally insane.
The plaintiff is under 18 years old.

Note: Cases involving tolling can become complex quickly, as tolling is typically judged on a case-by-case basis. It is best to obtain legal advice from an experienced personal injury attorney to see if there is still time to proceed with a claim.

Special Rules Under CCP 340.3:

For victims of serious felonies (e.g., attempted murder, kidnapping, rape), the injured party has 10 years after the defendant’s parole ends to file a lawsuit.
For less serious felonies, the injured party has 1 year from the defendant’s judgment to file a legal action.

What is the statute of limitations for car accidents?

Under CCP 335.1, individuals injured in a car or motor vehicle accident have two years to file a lawsuit against the at-fault driver.

Additionally, per precedent set in Jolly v. Eli Lilly (1998), car accident cases fall under California’s discovery rule. This means the 2-year statute of limitations begins only when the plaintiff discovers their injury—or when they reasonably should have discovered it.

What is the statute of limitations for medical malpractice?

Under CCP 340.5, California law requires medical malpractice claims to be filed within:

1 year from the date the injury was discovered (or reasonably should have been discovered),
OR 3 years from the date the injury occurred, whichever comes first.

What is the statute of limitations for child victims?

Under CCP 352(a), statutes of limitations for cases involving children are tolled until the child turns 18, the legal age of decision-making.

For car accidents or other injury cases, the 2-year statute of limitations begins on the child’s 18th birthday, expiring on their 20th birthday.

Exceptions for Child Victims

1. Child Sex Abuse Cases (AB 218)

Victims may sue by the later of:

Their 40th birthday, or
5 years after discovering the abuse.

2. Medical Malpractice Claims

Minor victims can sue by the later of:

3 years from the malpractice date, or
If the child was under 6 years old at the time of the injury, until their 8th birthday.

3. Birth Injury Cases (CCP 340.4)

For injuries occurring before or during childbirth, lawsuits must be filed within 6 years of the child’s birth.

These exceptions aim to provide extended legal recourse for children in specific circumstances while ensuring timely filing of claims.

Injury Type

Statute of Limitations for Adult Claimants

Statute of Limitations for Minor Claimants

Personal injury

2 years after the date of injury

The minor's 20th birthday

Medical Malpractice

Either:

3 years from the date of injury,

1 year after discovering the injury,

whichever occurs first.

For minors 5 years old and younger:

Prior to their 8th birthday,

3 years after the alleged wrongful act,

whichever comes last.

For other minors:

3 years after the date of injury

Claims against Government Entities

6 months after the date of injury

6 months after the date of injury (though claimants may apply for permission to file a late claim)

Is there a statute of limitations for suing the government?

Under CCP 341 and guidance from California courts, plaintiffs must file an administrative claim within 6 months of an injury or property damage to sue a California government agency for negligence.

The agency has 45 days to respond.

If Denied: Plaintiffs have 6 months from the denial date to file a lawsuit.
If No Response: Plaintiffs can file within the standard 2-year statute of limitations for personal injury cases.

One common claim is negligence in maintaining safe road conditions and clear signage, contributing to car accidents and injuries. To strengthen their case, injured parties should:

Take photos of the car and visible bodily injuries.
Document road conditions and the accident location, including hazards like potholes, debris, or inadequate signage.

What are the statute of limitations for mesothelioma, fraud, and wrongful birth cases?

This table below may help provide general guidelines for many kinds of cases, including mesothelioma claims, defamation cases, or wrongful birth cases:

Injury Type	CA Statute of Limitations (generally)
Recovery or conversion of personal property left at a hotel, hospital, or similar temporary lodging	90 days
Government negligence	6 months
Exposure to Asbestos (Mesothelioma) Defamation Felony crime Legal, Medical, or Veterinary Malpractice	1 year
Breach of oral contract False imprisonment Personal injury (such as slip-and-falls, dog bites, etc.) Wrongful death	2 years
Fraud Property damage/trespassing	3 years
Breach of written contract	4 years
Wrongful birth	6 years
Serious felony	10 years
Child sex abuse/assault	Victim's 40th birthday OR 5 years after the day that the abuse was discovered (whichever comes later)

Can I sue after the statute of limitations?

In California, if the statute of limitations for an injured person’s claim has passed, they may still have the opportunity to sue on other grounds that carry a longer statute of limitations.

For example, a contractor is injured while painting a customer’s house due to a rotting deck. If the contractor misses the 2-year statute of limitations for a personal injury claim, they could still file a lawsuit for breach of written contract if the customer had agreed in writing to ensure the contractor’s safety. Since breach of written contract claims have a 4-year statute of limitations, the contractor would still have time to pursue this claim.

Even if the deadline for one claim has expired, other legal avenues with longer statutes of limitations may still be available. Consulting an attorney can help identify alternative claims and preserve the right to seek compensation.

To learn more on what to do after a car accident and how to maximize your chances of winning any potential legal action for traffic collisions, click here.

If you or a loved one has suffered injuries due to someone else’s negligence in a car accident, medical malpractice, or as the result of a crime, don’t wait to Win! It’s best to contact an experienced attorney immediately and minimize your chances of missing your case’s statute of limitations.

The dedicated attorneys of Win Nguyen Law have decades of cumulative experience in serving the Orange County communities and helping obtain maximum compensation for the people of Buena Park, Fullerton, Westminster, Irvine, Santa Ana, Anaheim, Huntington Beach, Orange, Garden Grove, and more!

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What is the statute of limitations for personal injury cases in California?