California has specific rules governing how long you have to file a personal injury lawsuit. Understanding these deadlines is critical – missing them typically means permanently losing your right to seek compensation, regardless of how strong your case is.

California Personal Injury Statute of Limitations

Under California Code of Civil Procedure Section 335.1, the statute of limitations for most personal injury claims is two years from the date of the injury.

Important Exceptions in California

Claims Against Government Entities

If your injury was caused by a government entity or employee – a city bus, a state employee’s vehicle, a pothole on a public road – you must file a government claim (a formal notice) with the relevant agency within six months of the incident. This is a hard deadline – missing it generally bars your personal injury lawsuit. If your claim is rejected, you then have an additional period to file suit.

Medical Malpractice

California’s medical malpractice statute of limitations is three years from the date of injury or one year from the date of discovery, whichever is earlier (California Code of Civil Procedure Section 340.5). This is different from the general two-year rule.

Minors

For children under 18, the two-year clock generally begins running at the minor’s 18th birthday, giving them until age 20 to file. However, for medical malpractice involving minors under 6, the deadline is the child’s 8th birthday or three years from the injury, whichever is later.

Discovery Rule

In some cases, the statute of limitations may not begin until the injured person discovers – or reasonably should have discovered – the injury and its cause. This commonly applies in cases of toxic exposure or delayed-manifestation injuries.

California Fault Rules

California uses a pure comparative fault system, meaning you can recover damages even if you were partially at fault. However, your recovery is reduced by your percentage of fault. If you were 40% at fault and your total damages are $100,000, you recover $60,000.

Damage Caps in California

California’s MICRA law caps non-economic damages in medical malpractice cases. For cases from January 1, 2023 onward, the cap started at $350,000 and increases annually by $40,000 until it reaches $750,000 in 2033. For cases involving the death of a patient, the caps are higher. There are no non-economic damage caps in most other California personal injury cases.