What is the personal injury statute of limitations in California?

1. General Personal Injury

California imposes a 2-year statute of limitations for personal injury actions under Cal. Civ. Proc. Code § 335.1, running from the date of injury.

2. Wrongful Death

Wrongful death claims must be filed within 2 years of the date of death under § 335.1, even if the underlying injury occurred earlier.

3. Medical Malpractice

Under Cal. Civ. Proc. Code § 340.5 (MICRA), the limit is 3 years from the date of injury or 1 year from discovery, whichever comes first. For minors under 6, the period extends to age 8 or 3 years from injury.

4. Discovery Rule

California applies the discovery rule for latent injuries (toxic exposure, defective implants). The clock starts when the plaintiff knew or reasonably should have known of the injury and its negligent cause (Jolly v. Eli Lilly).

5. Minor / Disability Tolling

Under Cal. Civ. Proc. Code § 352, the SOL is tolled during minority (until 18) and during legal insanity, but not during imprisonment for civil actions.

6. Government Defendant

The California Government Claims Act (Gov. Code § 911.2) requires a written claim within 6 months of accrual for personal injury claims against state/local government. After rejection, plaintiff has 6 months to sue.

7. Product Liability

Same 2-year SOL applies; California has no general statute of repose for products, though specific industries (asbestos, construction) have unique rules.

8. Equitable Tolling / Fraudulent Concealment

Tolling applies when a defendant fraudulently conceals the cause of action or when plaintiff diligently pursues remedies in a wrong forum.

9. Borrowing Statute

Cal. Civ. Proc. Code § 361 borrows the shorter SOL of a sister state where the cause of action arose if the plaintiff was a non-resident at the time.

This is legal information, not legal advice.