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Glossary

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Statute of limitations

The deadline to file a lawsuit or claim; in California, two years from the injury for most personal injury cases under Code of Civil Procedure 335.1.

What it is

A statute of limitations is the last day to start a case. Miss it, and the claim is usually gone no matter how strong it was. Some claims also have earlier administrative deadlines that must be met first.

The California rules

ClaimDeadlineSource
Personal injury or wrongful death2 years from the injury or deathCode of Civil Procedure 335.1
Medical negligence3 years from injury or 1 year from discovery, whichever comes firstCode of Civil Procedure 340.5
Injury claim against a public entityWritten claim within 6 monthsGovernment Code 911.2
Workers' compGenerally 1 year from the date of injury to file with the WCABLabor Code 5405
FEHA employment claim3 years to file with the CRD, then 1 year from the right-to-sue notice to sueGovernment Code 12960, 12965

A minor's personal injury deadline is generally tolled until age 18 (Code of Civil Procedure 352), but the six-month government claim deadline is not. Discovery rules, tolling agreements and other exceptions can move a date, so each case needs its own calculation.

Why it matters to a plaintiff firm

A blown statute is one of the most common sources of malpractice claims against plaintiff lawyers. Firms calculate the deadline at intake, record how it was calculated, and calendar reminders well ahead of it. Try our statute of limitations calculator and read the guide to California personal injury deadlines.

Sources

  1. Code of Civil Procedure 335.1
  2. Code of Civil Procedure 340.5
  3. Government Code 911.2

General information about California and federal rules, not legal advice. Rules change and every case turns on its facts: check the statute and your own analysis before relying on a date or a figure.

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