California · Checked October 14, 2026
California personal injury law: how long you have to sue
In California, the general deadline to file a personal injury lawsuit is 2 years (Cal. Code Civ. Proc. § 335.1). Here are the deadlines for wrongful death and medical malpractice, the fault rule and the car insurance rules, each quoted from the state’s law.
Filing deadlines in California
| Type of claim | Deadline | What the law says | Law |
|---|---|---|---|
| Personal injury | 2 years | Within two years for an injury “caused by the wrongful act or neglect of another.” | Cal. Code Civ. Proc. § 335.1 |
| Wrongful death | 2 years | The same two-year rule covers an action “for the death of, an individual.” | Cal. Code Civ. Proc. § 335.1 |
| Medical malpractice | 3 years from injury or 1 year from discovery, whichever comes first | Against a health care provider: three years after the injury or one year after you discover it (or should have). | Cal. Code Civ. Proc. § 340.5 |
The clock usually starts on the day of the injury (or the death), but exceptions can shorten or pause it, including claims against government bodies and claims by children. Do not wait until the last month: lawyers need time to investigate.
If you were partly at fault: Comparative fault
Your damages are reduced by your percentage of responsibility, as the jury is instructed; California replaced the all-or-nothing contributory negligence rule in Li v. Yellow Cab. Source: CACI No. 405 (California Civil Jury Instructions).
What to do next
- Write down the date of the injury and count forward to your deadline.
- Keep medical records, photos, the police report and insurance letters.
- Talk to a California lawyer well before the deadline. Most injury lawyers work on contingency, so the first consultation is usually free.
Guides: car accidents · medical malpractice · wrongful death · other states
Frequently asked questions
What is the statute of limitations for personal injury in California?
2 years in most cases (Cal. Code Civ. Proc. § 335.1). Some claims, including those against government bodies, have different deadlines.
How long do you have to file a wrongful death claim in California?
2 years (Cal. Code Civ. Proc. § 335.1).
Can I recover if I was partly at fault in California?
Your damages are reduced by your percentage of responsibility, as the jury is instructed; California replaced the all-or-nothing contributory negligence rule in Li v. Yellow Cab.
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General information from California’s statutes and official sources, checked October 14, 2026. Laws change and exceptions apply; this is not legal advice. AmericanAttorneys.net is not a law firm.