Citation: Code of Civil Procedure §335.1 | Jurisdiction: California (statewide)
Overview
CCP §335.1 establishes a two-year statute of limitations for personal injury claims in California. This is the deadline within which a plaintiff must file a civil lawsuit after being injured by another's negligence or wrongful conduct. Missing this deadline permanently bars the claim.
Key Provisions
| Section | What It Means |
|---|
| Standard Rule | Lawsuit must be filed within 2 years of the date of injury |
| Discovery Rule | Clock may start when plaintiff discovered (or should have discovered) the injury — common in latent injury cases |
| Government Claims Act | Claims against government entities require a tort claim within 6 months (Government Code §911.2) before a lawsuit can be filed |
| Minor Tolling | For minors, the 2-year period is tolled until age 18 — a minor has until age 20 to file |
| Disability Tolling | CCP §352 tolls the statute for persons who were legally insane or imprisoned at the time of injury |
Related California Statutes
- CCP §340.5 (Medical malpractice — 3 years/1 year from discovery)
- CCP §338 (Property damage — 3 years)
- CCP §340 (Defamation — 1 year)
- Government Code §911.2 (Government tort claim — 6 months)
- Civil Code §1714 (General negligence duty of care)
Frequently Asked Questions
When does the 2-year clock start for a California personal injury claim?
The clock generally starts on the date of the injury — the accident, fall, or harmful event. Under the 'discovery rule,' the clock may start later if you didn't know and couldn't reasonably have known about the injury (common in toxic exposure or latent medical conditions). For government entity claims, you have only 6 months from the date of injury to file an administrative tort claim — failure to do so permanently bars a civil lawsuit.
What happens if I miss the 2-year statute of limitations in California?
Missing the statute of limitations is typically fatal to your case. The defendant will file a motion to dismiss (demurrer) and the court will dismiss your case without any consideration of its merits. There are very limited exceptions: fraudulent concealment by the defendant, minority tolling, disability tolling, and discovery rule. Courts strictly enforce statutes of limitations — do not assume an exception applies without consulting an attorney.
Does the 2-year deadline apply to car accidents in San Diego?
Yes. For personal injury from a car accident, you have 2 years from the accident date to file a lawsuit in California. Note: you may settle with the insurance company at any time — the 2-year deadline is for court filing only. However, settling too early (before your injuries are fully known) can result in receiving less than you deserve. A San Diego car accident attorney can advise on the optimal timing for settlement vs. litigation.
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