California 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.

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 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.

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.

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