In 1988, the California Supreme Court told an injured woman that once she suspected wrongdoing, the law expected her to investigate. Waiting for proof was not enough, and her case against the drug manufacturers was barred before a jury ever heard it. That reasoning still decides cases today, because the personal injury statute of limitations in California rarely turns on the accident date alone.
Two years is the starting point, not the answer. Government agencies, medical providers, minors, and injuries that surface later all change the math, and an insurer that is still “reviewing” your claim does not stop the clock. The Daily Jones and Company handles personal injury cases from Newport Beach. If you are unsure which deadline applies to you, ask us to calculate it before another week passes.
The General Rule: Two Years Under Section 335.1
Code of Civil Procedure section 335.1 gives most injured people two years to file a lawsuit for injuries caused by someone else’s negligence. That covers car crashes, slip and falls, dog bites, and most other accident claims. The California Courts deadline guide confirms the rule and flags the exceptions.
The deadline is met by filing a complaint in court. Reporting the accident to police, opening an insurance claim, or sending a demand letter does not preserve the claim. Families are often surprised to learn that months of insurance correspondence count for nothing once the two years run out.
When the Clock Starts: Accrual and Delayed Discovery
Under section 312, the clock begins when a claim “accrues,” which is usually the day of the injury. When an injury is not apparent right away, California’s discovery rule can delay accrual until the injured person knew, or reasonably should have known, about the injury and its wrongful cause.
The rule is narrower than most people assume. In Jolly v. Eli Lilly & Co., the Supreme Court held that suspicion of wrongdoing starts the clock even before you know every fact or the wrongdoer’s identity. Someone whose shoulder pain began the week after a crash cannot wait two years for an MRI and claim a fresh start. Someone whose injury was hidden and undetectable stands in a different position.
When the Clock Pauses: Tolling
Delayed accrual changes when the clock starts; tolling stops a clock that is already running. The Sacramento County Public Law Library cautions against assuming tolling applies, and that warning is well placed. Ongoing medical treatment does not toll the deadline. Neither does not yet having hired a lawyer.
The most common tolling rule involves age. Under section 352, the ordinary injury deadline generally pauses while the injured person is a minor, so the two years usually begin at 18. That rule does not carry over cleanly to government claims or medical negligence, and each needs separate review.
Deadlines That Override the Two-Year Rule
Two categories of claims run on their own timelines, and both catch people off guard.
Claims Against Government Agencies
An injury involving a city bus, a county road defect, or a public employee starts a much shorter clock. Under Government Code section 911.2, a written claim generally must be presented to the agency within six months. That claim is an administrative step, not a lawsuit.
The agency has 45 days to respond. After a written rejection, section 945.6 generally allows six months to sue, as the courts’ government claim guide explains. Six months is not a universal lawsuit deadline, but missing the first step can end the case.
Medical Negligence
Section 340.5 generally allows one year from discovery or three years from injury, whichever comes first. Section 364 requires at least 90 days’ notice to the provider before filing.
That notice can affect the limitations period when it is served near the deadline, but it is not an automatic 90-day cushion in every case. The courts’ guide to suing a healthcare provider outlines the steps, and the timing calls belong with counsel.
One Accident, More Than One Deadline
A single collision can create claims on different clocks. Bodily injury generally carries two years, while vehicle and other property damage carries three under section 338, as the courts’ property damage page notes. Time left on the car claim says nothing about whether the injury claim is still alive.
| Action | What It Does | Does It Preserve the Injury Claim? |
| Insurance claim or police report | Starts an investigation or creates a record | No |
| Demand letter | States your position and invites settlement | No |
| Attorney consultation | Identifies deadlines and strategy | No |
| Government claim | Satisfies the pre-suit requirement against an agency | Only the first step |
| Complaint filed in court | Commences the lawsuit | Yes, if timely and properly served |
Insurance Negotiations Do Not Stop the Clock
California regulations require insurers to warn unrepresented claimants about deadlines. Under 10 CCR § 2695.7(f), part of the Department of Insurance’s Fair Claims Settlement Practices Regulations, an insurer must give written notice of a limitations period it may rely on at least 60 days before it expires, or 30 days for a first-party uninsured motorist claim.
That notice duty protects claimants, but it does not extend the deadline. If an adjuster never sent the notice, whether that helps your case requires legal analysis. Assume the clock is running, and do not let settlement talks carry you past it.
Filing Is Not the Last Step
A complaint filed on day 729 still needs follow-through. Under Rule 3.110, the complaint generally must be served on every named defendant, with proof of service filed, within 60 days. Filing does not let a claimant postpone service indefinitely.
Electronic filing adds its own risk. Rule 2.259 governs how courts confirm or reject electronic filings, so confirm that the court accepted the complaint and act immediately on any rejection notice. A rejected filing does not always keep its original submission date.
Think You Missed the Deadline?
Do not assume the claim is gone, and do not assume it survives. Accrual, tolling, statutory exceptions, and how the claim is characterized can all move the date. The answer depends on facts that need prompt review, not on the accident date alone.
Bring the dates you have: when the injury happened, when symptoms began, when you first suspected someone was at fault, and any claim letters or rejections. An attorney can tell you quickly whether there is still time, and the faster that review happens, the more options remain.
Talk to Daily Jones and Company Before the Deadline Passes
Most deadline problems are avoidable when someone checks the right clock early. Call our Newport Beach office at (949) 662-6000 or schedule a free consultation. We’ll identify every deadline that applies to your injury and file before any of them run.
James D. Daily, Esq.
Founding partner James Daily has more than 30 years of trial experience in state and federal court. He leads the firm’s litigation teams and treats the filing deadline as the first fact to establish in every new case.
Michael Jones, Esq.
Michael Jones has worked alongside district attorney offices, the FBI, and U.S. Marshals. When an injury also involves a criminal case, he tracks the civil deadlines separately so the prosecution’s timeline never controls the client’s.
Alexandra Jarvis, Esq.
Alexandra Jarvis is a trial attorney and former luxury real estate professional. In injuries on private or public property, she identifies who owns and maintains the premises, which determines whether a government claim deadline applies.
Check Your Clock Before It Runs Out
California gives injured people time to act, but not unlimited time, and the correct deadline depends on who caused the injury, how it was discovered, and the injured person’s age. The safest move is to confirm the date now rather than learn it from a dismissal. Contact the Daily Jones and Company for a free consultation, and we’ll determine your deadline and protect your claim.
Frequently Asked Questions
Does the deadline change if the person who hurt me is criminally charged?
Sometimes. Code of Civil Procedure section 340.3 allows a civil action for damages from a felony to be filed within one year after judgment in the criminal case, in some circumstances. Because that rule is narrow, the ordinary two-year deadline should still be treated as the controlling date.
Can the defendant agree to extend the deadline?
Yes, through a written tolling agreement. Under section 360.5, a waiver of the limitations period must be in writing and signed, and each waiver is limited to four years. A verbal promise from an adjuster is not enough.
What if the last day falls on a weekend or holiday?
The deadline generally moves to the next court day. Section 12a extends deadlines that land on a weekend or court holiday, but planning to file on the final day leaves no margin for a rejected filing.
Do minors get extra time in medical malpractice cases?
Less than in other cases. Under section 340.5, a child under six generally has three years from the injury or until the eighth birthday, whichever gives more time. That is far shorter than the age-18 tolling that applies to ordinary injury claims.
Does the injured person’s death change the deadline?
It can. A wrongful death claim by the family generally has two years from the date of death, while the injured person’s own claim may continue through the estate. Both deadlines should be reviewed as soon as possible after the death.
What information do I need to check my deadline?
Gather the incident date and location, the date symptoms first appeared, when you first suspected someone was at fault, and the injured person’s age. Note whether any government agency or healthcare provider was involved, and collect any claim notices, denial letters, or rejection letters.
Can I file the lawsuit myself to stop the clock?
You can, but filing errors, wrong defendants, and missed service deadlines can undo the protection the filing was meant to provide. A timely complaint that names the right parties and is served correctly is what preserves the claim.
