California Personal Injury Statute Of Limitations

A Statute of Limitations is the deadline for filing a lawsuit. The Statute of Limitations for personal injury claims in California generally range from 6 months to 2 years depending on various circumstances, as discussed below. It is absolutely critical that you take appropriate steps and file a written complaint meeting legal requirements with the proper court prior to the expiration of the Statute of Limitation applicable to your claims. Failure to file a lawsuit before the Statute of Limitations runs will prevent you from any possible recovery.
Below we cover some of the specific circumstances and types of claims that are subject to differing deadlines to file a formal written complaint or lawsuit.
NOTE: This article is not intended to be a full explanation of the law of Statute of Limitations in California, rather it is an overview of some common circumstances victims face. You are urged to immediately consult an attorney so you can discuss and know what time limits apply to your specific situation.
Claims Against Private Parties for Personal Injury / Wrongful Death (excluding Medical Malpractice)
For claims against private persons or entities, California has a two-year Statute of Limitation for personal injury and wrongful death claims under Code of Civil Procedure section 335.1. This means a formal written complaint (lawsuit) must be filed in the proper court within two (2) years of the date of the incident, or in the case of wrongful death, two (2) years from the date of death. However, the two-year statute of limitations does not apply to medical malpractice claims against medical providers or facilities, you only have one year in such cases as discussed below.
As to claims relating to minors, the statute of limitations is typically two years after the minor claimant reaches the age of 18. This rule does not apply to medical malpractice claims of a minor. We recommend you consult a personal injury lawyer for specific rules immediately.
Claims Against a Government Entity or Employees of a Government Entity for Personal Injury / Wrongful Death
If any person or entity you seek to recover from is a Public or Governmental Entity, or an employee of a Public or Governmental Entity, each person (Claimant) seeking recovery must file a timely written claim with each responsible Public or Governmental Entity consistent with the strict deadlines and requirements in the California Tort Claims Act (Gov. Code, §§ 810-996.6).
In every single case where a person seeks to hold a Government Entity (or its employees) responsible for personal injuries or wrongful death, including for medical malpractice, each person (Claimant) making such claim must serve a formal written Governmental Claim–which must meet specific requirements–on each and every governmental entity believed to be responsible within six (6) months of the date of the incident, or if for wrongful death matters, within six (6) months of the date of death(s). The six-month governmental claim deadline operates just like a statute of limitations. Any claimant who fails to follow the strict Government Tort Claim Act rules will be barred from any recovery pursuant to Government Code section 945.4. While there may be few very narrow exceptions, the 6 months claims period is extremely critical.
Governmental Entities have 45 days to respond to your claim, typically in the form of a rejection or denial. Once you receive notice your claim has been denied or rejected, you must file a formal written complaint meeting legal requirements, in the proper court, within 6 months of the denial or rejection. When the Governmental Entity fails to deny your claim within 45 days, it is deemed denied or rejected as a matter of law, and the complaint must be filed two (2) years from the date of the incident giving rise to the claim in a personal injury matter, or date of death in a wrongful death matter.
Due to the complexity of the rules surrounding the Government Claims Act, we recommend you consult a personal injury lawyer immediately if you were seriously injured or lost a loved one due to the negligence of a Government Entity or its employees.
Claims Against Private Medical Providers for Medical Malpractice
If any person or entity you seek to hold responsible is a medical provider and the claim is based on potential medical malpractice, the California Statute of Limitation is set forth in California Code of Civil Procedure section 340.5, which states a formal written complaint naming each and every medical provider you believe is responsible must be filed “within one (1) year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, or within three years of the date of the injury, whichever comes first.” As stated above, if the entity you seek to hold responsible is a Public or Governmental Entity (such as a publicly owned and or operated hospital), you must follow the strict rules set forth in the Government Tort Claims Act (Gov. Code, §§ 810-996.6), as discussed above.
We caution you there are very different time limitations for different cases thus each case and time limitation can be complex, we urge you to consult an attorney immediately. Please understand the laws change and are subject to different interpretations in different situations thus the reason we tell any potential client to retain a lawyer immediately.
What Happens if I Miss the Statute of Limitations?
Failure to meet time deadlines and/or file a timely formal written complaint (or both) within the time restrictions will bar any chance of recovery. This means that you will not even have an opportunity to move forward with a claim. Please do not delay in contacting an attorney as the time requirements in California to file Claims and complaints are strict and inflexible.
Contact William D. Shapiro Law, Inc.
William D. Shapiro Law, Inc. has been handling personal injury claims throughout Southern California for over 40 years, and have recovered hundreds of millions of dollars in compensation for clients. If you have a potential claim, we urge you not to contact us today through our website or call us at (909) 890-1000.

William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.