What Is the Deadline to Sue for Personal Injury in California?
The Quick Answer: In California, injured individuals have exactly 2 years from the date of the incident to initiate a civil lawsuit under Cal. Civ. Proc. Code § 335.1. Failing to file your summons and complaint before this deadline permanently bars you from pursuing compensation in California Superior Court, regardless of how severe your damages or liability are.
The California Discovery Rule & Exceptions
The clock begins when the victim discovered, or reasonably should have discovered, the injury and its negligent cause.
Government Entity Claims
If the at-fault party is a state, city, or county department (such as a city bus or public road defect), special administrative claim statutes apply, often requiring written notice in as little as 6 months.
Minor Tolling
If the injured person was a minor under age 18 at the time of injury, the statutory clock is generally tolled until their 18th birthday in California.
Average California Bodily Injury Settlement Range
Typical pain and suffering multipliers in California range from 1.5x to 4.5x special economic damages. Historical average settlements fall between $28,500 – $145,000+.
Frequently Asked Questions
What is the statute of limitations for personal injury in California?
Under California Code of Civil Procedure § 335.1, injured plaintiffs have exactly 2 years from the date of the accident to file a formal lawsuit in California Superior Court. If the defendant is a government entity, a government claim must be submitted within 6 months.
How does California's Pure Comparative Negligence rule affect my settlement?
Under California's pure comparative fault doctrine, you can recover damages even if you were 90% at fault, though your financial recovery will be reduced by your exact percentage of liability.