InjuryCalifornia gives you 2 years from the date of injury to file a personal injury lawsuit, under Code of Civil Procedure §335.1. Miss that window and your case is generally dismissed — no matter how strong the underlying claim is.
When the Clock Starts
The two-year clock begins on the date your cause of action "accrues" — for the vast majority of personal injury cases (car accidents, slip and falls, dog bites, product liability), that's the date of the accident itself. Ongoing medical treatment or recovery does not pause the deadline. California does recognize a discovery rule for latent injuries that aren't immediately apparent, and separate tolling exists for minors and individuals with a mental incapacity.
💡 CCP §335.1 covers virtually every negligence-based injury claim in California — motor vehicle collisions, slip and fall, dog bites, defective products, and premises liability all fall under this same two-year rule.
Two Years Isn't Always Two Years: Key Exceptions
The standard two-year window shifts significantly depending on who's injured and who's being sued:
Tolled Until Age 18
Under CCP §352, the two-year clock is generally paused until the injured person turns 18 — giving them until their 20th birthday to file, regardless of when the injury happened.
Only 6 Months to Act
Claims against a city, county, or state agency require a written administrative claim within 6 months of the injury (Gov. Code §911.2) — and critically, this deadline is not extended for minors.
⚠️ The government-claim trap catches many families off guard: even though a minor's lawsuit deadline is tolled to age 20, the 6-month administrative claim against the government entity still must be filed on the child's behalf almost immediately after the injury, or the claim against that government entity is lost entirely.
Pure Comparative Fault: California's Claimant-Friendly Rule
Separately from the filing deadline, California uses pure comparative fault, meaning you can still recover damages even if you were mostly at fault for your own injury — your recovery is simply reduced by your percentage of fault. This is one of the most claimant-friendly fault systems in the country, in contrast to states like Virginia or North Carolina where any fault at all can eliminate your claim entirely.
What Pure Comparative Fault Looks Like in Dollars
To make that rule concrete, here's an illustrative — not a real case — scenario using the same multiplier method described on our settlement calculator: a claimant with $18,000 in medical bills and $6,000 in lost wages from a moderate injury, valued with a 3× pain-and-suffering multiplier.
Because California applies pure comparative fault, this claimant still recovers roughly $38,400 despite being found majority at fault for their own injury — the award is reduced, not eliminated. In a modified comparative fault state with a 51% bar, like Texas or Florida, that same 60%-at-fault finding would reduce this identical $96,000 claim to $0.
What Happens If You Miss the Deadline
Filing after the statute of limitations expires results in mandatory dismissal in nearly all cases, regardless of how compelling the evidence of negligence is. Because the deadline is calculated from the date of injury (not the date you decide to pursue a claim), consulting an attorney early — well before the two-year mark — preserves your options and avoids inadvertently running out the clock.
How California Compares to Other High-Traffic States
| State | Filing Deadline | Fault Rule | Notable Feature |
|---|---|---|---|
| California | 2 years | Pure comparative fault | Recovery allowed even at 99% fault |
| Texas | 2 years | Modified comparative (51% bar) | 15-year statute of repose for product claims |
| Florida | 2 years (since Mar. 2023) | Modified comparative (51% bar) | Cut from 4 years to 2 years by HB 837 |
| New York | 3 years | Pure comparative fault | Medical malpractice carve-out at 2.5 years |
See our Texas, Florida, and New York guides for how each state's deadline and fault rule changes an injured person's options.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in California?
Generally 2 years from the date of injury under CCP §335.1.
What is California's comparative fault rule?
Pure comparative fault — you can recover damages even if you were 99% at fault, reduced proportionally by your share of responsibility.
How long does an injured child have to file a lawsuit in California?
The two-year deadline is generally tolled until the child turns 18, under CCP §352 — giving them until their 20th birthday to file.
What if my injury was caused by a government agency?
You must generally file a written administrative claim within 6 months of the injury under Government Code §911.2 — a much shorter deadline that is not extended even if the injured person is a minor.
How much would a $96,000 claim be worth if I'm found 60% at fault in California?
Under California's pure comparative fault rule, a claimant found 60% at fault in a $96,000 claim would still recover approximately $38,400 — the award is reduced by the fault percentage rather than eliminated. In a modified comparative fault state with a 51% bar, the same finding would reduce that recovery to $0.
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