John Roach, Esq. | January 23, 2026 | California Law \ Car Accidents
California Statute of Limitations for Serious Personal Injury Claims: Don’t Let Time Run Out on Your Recovery
The statute of limitations is one of the most important deadlines in any personal injury case — and one of the most frequently misunderstood. Miss it and your claim is permanently barred, regardless of how strong your evidence is or how serious your injuries are. Understanding exactly when the clock starts, when it can be paused, and what exceptions apply is essential to protecting your right to compensation.
I’m John J. Roach, a San Francisco personal injury attorney with extensive trial experience representing victims of car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, and other serious injury cases throughout the Bay Area. This guide covers the California personal injury statute of limitations, the key exceptions, and why acting promptly matters more than most injured people realize.
The General Rule: Two Years From the Date of Injury
Under California Code of Civil Procedure Section 335.1, the statute of limitations for most personal injury claims is two years from the date of injury. This applies to cases arising from negligence — car accidents, motorcycle collisions, pedestrian knockdowns, bicycle crashes, slip and falls, and other incidents caused by someone else’s failure to exercise reasonable care.
Two years may sound like a long time, but in serious injury cases it passes quickly. Treatment takes months. The full extent of a traumatic brain injury or spinal cord injury may not be known for a year or more. Insurance companies are not in a hurry to resolve claims, and the investigation, evidence gathering, and expert retention required to build a strong case all take time. I recommend contacting an attorney as early as possible after a serious accident — not because the deadline is imminent, but because early action produces better outcomes.
How the Two-Year Rule Applies in Common Scenarios
Car accidents — The two-year clock starts on the date of the collision. If you were rear-ended on Highway 101 on January 15, 2024, you have until January 15, 2026 to file a lawsuit. Waiting until the last few months creates significant pressure on case preparation and can limit settlement leverage.
Motorcycle accidents — Same two-year rule applies. If the cause of the accident was a road defect — a pothole, a missing sign, a dangerous lane configuration — and a government entity is responsible for the road, a shorter deadline may apply. See the government entity exception below.
Pedestrian and bicycle accidents — The clock starts on the date you were struck. If you were hit in a crosswalk, the two-year period runs from that date regardless of how long your medical treatment continues or how long the insurer takes to respond to your claim.
Wrongful death — In cases where a loved one dies from injuries sustained in an accident, the two-year period runs from the date of death — not the date of the underlying accident. If someone survives the initial collision but dies three months later from their injuries, the wrongful death statute of limitations begins at the date of death.
Critical Exceptions: When the Deadline Is Different
The discovery rule. In some cases, the injury is not immediately apparent. Internal injuries, delayed-onset conditions, and certain neurological consequences of trauma may not be diagnosed until weeks or months after the accident. Under California’s discovery rule, the statute of limitations begins to run when the plaintiff discovered — or reasonably should have discovered — the injury and its connection to the defendant’s conduct. This is most commonly invoked in cases involving delayed diagnosis, but it can apply in any situation where the harm was not immediately knowable.
Minors and incapacitated victims. If the injured person is under 18 at the time of the accident, the statute of limitations is tolled — paused — until they reach age 18, at which point the two-year period begins. Similarly, if the injury itself renders the victim mentally incapacitated, the statute is tolled for the duration of the incapacity. These protections are particularly important in catastrophic injury cases involving children or adults who suffer severe cognitive impairment.
Government entities — the six-month trap. This is the exception that catches the most people off guard. If your claim involves a government entity — the City of San Francisco, Caltrans, a public transit agency like Muni or BART, a public school, or any other governmental body — you must file a government tort claim with the appropriate agency within six months of the date of the incident. This is not a lawsuit — it is an administrative notice requirement that must be satisfied before you can file suit. Failure to file within six months permanently bars the claim against the government entity, regardless of the two-year general statute. If your accident involved a city bus, a road defect on a public street, a dangerous public sidewalk, or any government-owned vehicle, contact an attorney immediately.
Why Early Action Matters in Serious Injury Cases
The statute of limitations sets the outer boundary — but the practical deadline in a serious injury case is much earlier. Evidence deteriorates. Surveillance footage is overwritten within days. Witnesses move and their memories fade. Vehicle damage is repaired. Black box data is lost. The investigation that produces a strong case must begin as early as possible after the accident.
Insurance companies are aware of the statute of limitations and sometimes deliberately slow-walk claims in the hope that an unrepresented victim will miss a critical deadline or make a damaging recorded statement in the interim. I send preservation letters to businesses with surveillance cameras, issue evidence holds to prevent destruction of vehicle data, and begin building the liability record within the first week of retention — before any of that evidence disappears.
In traumatic brain injury, spinal cord injury, and wrongful death cases, the damages picture also takes time to develop fully. I do not recommend settling any serious injury case before the client has reached maximum medical improvement — the point at which treating physicians can accurately project future medical needs. This requires patience, but it produces significantly better outcomes than settling quickly for an amount that fails to account for years of future care.
If you or a family member was seriously injured in an accident in San Francisco or the Bay Area, call me at (415) 851-4557 for a free consultation. I work on a contingency fee basis — you pay nothing unless I recover money for you. I am bilingual in English and Spanish and available evenings and weekends.
Frequently Asked Questions: California Personal Injury Statute of Limitations
Generally two years from the date of injury under California Code of Civil Procedure Section 335.1. This applies to most personal injury cases including car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, and slip and falls. Important exceptions exist — including a six-month deadline for claims against government entities — that can significantly shorten the time you have to act. Contact an attorney as soon as possible after any serious accident.
Six months from the date of the incident. If your accident involved a city bus, a road defect on a public street, a dangerous public sidewalk, a Muni or BART vehicle, or any other government-owned vehicle or property, you must file a government tort claim with the appropriate agency within six months. Failure to file on time permanently bars your claim against the government entity.
California’s discovery rule provides that the statute of limitations begins to run when the plaintiff discovered — or reasonably should have discovered — the injury and its connection to the defendant’s conduct. This applies when injuries are not immediately apparent, such as delayed-onset neurological conditions or internal injuries diagnosed weeks after an accident. It does not extend the deadline indefinitely — it starts the clock from the point of reasonable discovery.
Yes. If the injured person is under 18 at the time of the accident, the statute of limitations is tolled — paused — until they turn 18, at which point the standard two-year period begins. A child injured at age 10 would generally have until age 20 to file a lawsuit. Consulting an attorney promptly after a child’s injury is still important to preserve all available evidence.
In California wrongful death cases, the two-year statute of limitations runs from the date of death — not the date of the underlying accident. If a person survives a serious accident but dies three months later from their injuries, the wrongful death claim must be filed within two years of the date of death. The six-month government tort claim deadline applies to wrongful death claims involving government entities.
No. Ongoing medical treatment does not toll the statute of limitations. The two-year clock runs from the date of injury regardless of how long treatment continues. Contact an attorney early in the treatment process so evidence is preserved and no deadlines are at risk, even if you are not ready to settle the case.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.