When you are injured in California, you have a limited time to file a lawsuit. That deadline is called the statute of limitations. Miss it, and a court can dismiss your case even if liability is clear. Below is a practical guide to the most common deadlines, how the discovery rule works, special rules for government and medical cases, tolling that can pause deadlines, and why acting early matters.
At a glance: common California deadlines
Use this table as a quick reference. Exceptions and special rules appear below.
| Type of claim | Typical deadline | Source |
|---|---|---|
| Personal injury, including auto, slip and fall, assault or battery | 2 years from injury | CCP §335.1 |
| Wrongful death | 2 years from date of death | CCP §335.1 |
| Medical malpractice | 1 year from discovery or 3 years from injury, whichever occurs first; special rules for young children | CCP §340.5 |
| Property damage to real or personal property | 3 years | CCP §338 |
| Defamation, libel or slander | 1 year | CCP §340(c) |
| Claims against government entities | 6 months to present a written claim. After written rejection, generally 6 months to sue. If there is no written rejection, many claims allow 2 years from accrual to sue | Gov. Code §§911.2, 945.6 |
| Adult sexual assault, civil claim | Later of 10 years from last assault or 3 years from discovery of injury | CCP §340.16 |
| Childhood sexual assault | See counsel for exact timing. Current law often allows filing until age 40 or within 5 years of discovery of injury, whichever is later | CCP §340.1 |
Important: Some categories, especially sexual assault related claims, have revival or special window provisions. See the section on sexual assault below.
When does the clock start? The discovery rule
Most statutes begin to run on the date of injury. California’s discovery rule can delay accrual until you knew or reasonably should have known that your injury was caused by wrongful conduct. In Jolly v. Eli Lilly, the California Supreme Court explained that the clock starts when circumstances would put a reasonable person on inquiry notice that wrongdoing caused the injury.
Example: You are hurt in a crash, then months later learn a defective component likely caused brake failure. Depending on the claim, the limitations period may run from when you discovered or reasonably should have discovered the defect, not necessarily the crash date. Medical malpractice has its own specific timing rules that limit how discovery works.
Key exceptions and tolling that can pause deadlines
California law can toll or pause some deadlines in specific situations:
- Minors and legally incapacitated adults. For many civil claims, the statute is tolled while the person is under 18 or legally incapacitated. The clock generally starts when the disability ends. Medical malpractice has its own statutory timing for minors.
- Incarceration. Tolling may apply for people imprisoned on a criminal charge, often capped at 2 years, with important carve outs.
- Government claims caveat. The short after rejection 6 month window to sue a public entity is strictly applied and is often not extended by general tolling doctrines. If there is no proper written rejection, many claims default to a 2 year filing window from accrual.
- Emergency tolling in 2020. California tolled many civil statutes of more than 180 days from April 6, 2020 to October 1, 2020. If your claim straddles those dates, consult counsel.
Special categories you should know
1) Medical malpractice, professional negligence
California sets unique limits for suits against health care providers:
- Deadline: the earlier of 1 year from discovery or 3 years from injury.
- Young children: actions by a minor under 6 must be filed within 3 years or by the 8th birthday, whichever is later.
- Pre suit notice: most plaintiffs must give 90 days notice before filing.
Why this matters: discovery disputes in medical malpractice can be nuanced. Treatment or settlement talks do not pause statutes. File on time and continue developing damages as the case proceeds.
2) Claims against government entities
Suing a city, county, or state agency triggers the Government Claims Act:
- Present a written claim to the agency within 6 months for personal injury, death, or property damage. Some other claim types allow 1 year.
- If the agency issues a written rejection, you generally have 6 months from the rejection notice to file your lawsuit. If there is no written rejection, many claims allow 2 years from accrual to sue.
Practice tip: The administrative claim step is separate from the lawsuit. Missing the claim deadline can bar the case even if the regular statute, such as 2 years under CCP §335.1, has not expired.
3) Sexual assault, civil claims
- Adults: California allows the later of 10 years from the last act or 3 years from discovery of injury for civil sexual assault claims. See CCP §340.16.
- Revival window, AB 2777: Certain previously time expired adult sexual assault claims were revived and may be filed until December 31, 2026, subject to conditions. If this may apply, review eligibility promptly.
- Children: Rules for childhood sexual assault are detailed and updated from time to time. Consult CCP §340.1 and current authorities for exact timing and any revival provisions.
Frequently asked questions
Does the 2 year personal injury period ever start later than the accident date?
Yes. Under the discovery rule, the clock can start when you knew or should have known your injury was caused by wrongdoing. Courts apply this carefully, so speak with a lawyer early.
I am still in medical treatment. Should I wait to file?
No. Treatment and settlement talks do not pause statutes. Your lawyer can file on time and continue developing damages.
Do minors get extra time?
Often, yes. Many civil deadlines are tolled while someone is under 18, with special medical malpractice rules for minors including the 8th birthday provision for very young children.
What if a government agency is involved?
Your deadlines are short and technical. Typically you have 6 months to present a claim, and after a written rejection, 6 months to sue. If there is no proper written rejection, many claims allow 2 years from accrual to file suit.
Why acting early matters
- Evidence is perishable. Surveillance footage can be overwritten, vehicles repaired, scenes changed, and witnesses can move. Early action preserves proof.
- Deadlines can stack. Government claims must be presented in 6 months even when the lawsuit deadline is years away.
- Complex accrual questions. Identifying all responsible parties, such as manufacturers, contractors, or public entities, and resolving discovery rule issues takes time. Starting early protects your rights.
Checklist to protect your claim
- Calendar your earliest plausible deadline. Use the shortest applicable period until counsel confirms otherwise.
- Preserve evidence. Photos and video, vehicle data, scene measurements, incident reports, and witness contacts.
- Get medical care and follow the treatment plan. Records link injuries to the event.
- If a public entity may be involved, prepare and serve a government claim quickly. Do not assume you have two years.
- Speak with counsel early to confirm the correct statute, discoverability, tolling, and any notice requirements.
Plain language sources
- California Courts Self Help: overview of common civil deadlines and medical malpractice timing.
- CCP §335.1 for 2 year personal injury and wrongful death.
- CCP §338 for 3 year property damage.
- CCP §340(c) for 1 year defamation.
- CCP §340.5 for medical malpractice timelines and rules for minors.
- Government Code §§911.2 and 945.6 for government claim and suit deadlines.
- CCP §340.16 for adult sexual assault.
- AB 2777 analysis for the revival window that runs until December 31, 2026 for certain adult claims.
- Jolly v. Eli Lilly for the discovery rule accrual standard.
Talk to Knapp Moss
Deadlines are unforgiving, and the right deadline for your case depends on the facts. If you were injured in California, contact Knapp Moss for a free, confidential consultation. We will confirm the correct filing date, preserve evidence, and move quickly to protect your rights.
