If you were injured because of someone else’s negligence in California, you generally have two years from the date of the injury to file a personal injury lawsuit. This deadline comes from California Code of Civil Procedure Section 335.1.
Two years can sound like plenty of time. It often is not. Medical treatment, insurance negotiations, identifying all responsible parties, gathering records, and determining the full extent of an injury can take months. Waiting until the deadline is approaching can also make it harder to preserve evidence and investigate what happened. That’s why you need our Rancho Cucamonga personal injury lawyers on your side.
The Law Offices of Fernando D. Vargas can help ensure you file your lawsuit in time. We will discuss some of the basics of this filing deadline below. If you need to speak with a personal injury lawyer about taking action, contact our law firm today.
Key Takeaways
- In California, 335.1 states that you have two years from the date of injury to file a personal injury lawsuit. Once this two-year statute of limitations expires, you cannot file a lawsuit or seek compensation.
- The two-year deadline usually starts tolling on the date of injury. However, there is also a discovery rule that delays tolling if the injury is not discovered until after the initial accident or incident.
- If your accident involved a government agency or employee, you will need to file a written administrative claim with the agency within six months of the incident.
- Insurance adjusters could stall or delay as a means of using this two-year deadline against you. That’s why it’s best to contact a personal injury lawyer ASAP.
About CCP 335.1 and California’s Personal Injury Statute of Limitations
California Code of Civil Procedure 335.1 establishes a two-year statute of limitations for actions based on injury to a person. This covers many common personal injury claims, including injuries caused by negligent or wrongful conduct.
For example, a person injured in a car accident on September 9, 2026, will generally have until September 9, 2028, to file a lawsuit.
The statute of limitations applies to many personal injury lawsuits, but it does not apply to every type of claim. Medical malpractice lawsuits, for example, have separate statutory deadlines.
What Claims Fall Under Code of Civil Procedure Section 335.1?
CCP 335.1 can apply to many claims involving physical or personal injury. Common examples include:
- Car and motorcycle accidents
- Pedestrian accidents
- Premises liability (e.g., slips and falls)
- Assault and battery
- Other negligent or wrongful acts that cause injury
Wrongful death claims can involve different filing deadlines depending on what happened. Surviving family members should not automatically assume that the same deadline applies.
If a loved one died because of another party’s conduct, speak with a lawyer about the specific wrongful death deadline that applies to the claim. The Law Offices of Fernando D. Vargas handles personal injury cases and wrongful death claims.
When Does the Two-Year Statute of Limitations Clock Begin?
The general rule is that the two-year period begins when the injury occurs. For an ordinary accident, that may be easy to identify.
How the Discovery Rule Works
California recognizes a discovery rule in certain circumstances where an injury or its connection to wrongful conduct was not immediately discoverable. When an injury is not discovered right away, the statute may begin when the problem was discovered or reasonably should have been discovered.
That does not mean every injury discovered later automatically receives additional time. Whether the discovery rule applies depends on the facts and the law governing the particular claim. It’s best to speak with a personal injury lawyer as soon as possible.
Critical Exceptions: When CCP 335.1 Deadlines Change or Pause (Tolling Rules)
The two-year rule is a starting point, not a guarantee that every case has exactly the same deadline.
Certain circumstances can affect when the statute of limitation begins, how much time is available, or whether the clock is temporarily paused.
Because these exceptions are fact-specific, an injury victim should not assume that a deadline has been extended simply because the injury was discovered later or because another circumstance exists. Again, it’s best to speak with a lawyer as soon as possible.
Injuries Caused by Government Entities: Why Some Deadlines Are Shorter Than Two Years
One of the biggest deadline mistakes involves injuries caused by a government agency or employee.
Six-Month Deadline to File a Written Administrative Claim
A claim against a city, county, state agency, or other public entity may require an administrative claim before a lawsuit can be filed. Under the California Tort Claims Act, you have six months to file a formal written administrative claim within six months of the injury.
If the government agency rejects the claim, the claimant generally has six months from the date the rejection was mailed to file the lawsuit. If the agency does not act on the claim within the applicable period, different rules can apply.
That means someone injured by a dangerous condition involving a public entity, for example, should not simply mark two years on a calendar and wait. A personal injury lawyer can ensure you meet this tighter filing deadline.
What Happens If You Miss the CCP 335.1 Filing Deadline?
If you miss the two-year statute of limitations, you will lose your ability to file a claim and seek compensation.
There may be exceptions, tolling provisions, or arguments about when a claim accrued. But relying on an exception after the deadline has passed can be risky.
For that reason, contacting a lawyer early is the best option. This can give the attorney time to investigate the accident, identify responsible parties, preserve evidence, obtain records, and determine which statute applies.
How Insurance Adjusters Use the Two-Year Statute of Limitations Against Unrepresented Injury Victims
Insurance companies know that an injury victim does not necessarily understand California’s filing deadlines. An adjuster may continue discussing a settlement while the filing deadline runs down.
Does Negotiating with an Insurance Adjuster Pause the Statute of Limitations?
Negotiating with an insurance company does not automatically mean the lawsuit deadline is paused. A victim should not assume that an open claim, ongoing negotiations, or an adjuster’s promise to review medical records extends the legal deadline.
This is one reason it can be dangerous to treat an insurance claim as a substitute for protecting your right to file a lawsuit. Do do this alone. Get the Law Offices of Fernando D. Vargas on your side.
Seriously Hurt? Contact Our Personal Injury Law Firm About Your Case
Attorney Fernando D. Vargas has more than 35 years of personal injury trial experience and previously worked as an insurance defense attorney. His firm represents injured people on a contingency-fee basis, meaning you pay nothing unless we win. The Law Offices of Fernando D. Vargas has recovered more than $100 million for clients and has fully bilingual staff serving clients in English and Español. To request a free consultation, contact our law firm today.