Statute of limitations · California
California statute of limitations
Every civil deadline below is quoted from the California code and was verified against the statute on July 12, 2026. Miss the deadline and the court will almost always dismiss the case, however strong it is — so start with the one that fits your claim, then use the calculator to get your exact date.
Quick answer
Most California personal-injury lawsuits must be filed within two years of the injury, under Code of Civil Procedure § 335.1. Medical malpractice is one year from discovery (§ 340.5), written-contract and most credit-card debt is four years (§ 337), and claims against a government entity must be presented within six months (Gov. Code § 911.2). The full cited table is below, and the calculator gives your exact date.
Verified Every deadline on this page is checked against the primary California statute — not a secondary chart. Last verified July 12, 2026. How we verify · Educational only, not legal advice.
Calculate your filing deadline
Pick the claim type and enter the date it happened. The calculator uses the same cited periods shown in the table below.
Method & source
The state's limitation period is added to the date you entered. Real deadlines shift with discovery rules, tolling for minors, and government-claim notice periods that can expire within months.
Show our work The math, and the laws behind it
Sources Personal-injury limitation periods, cited by statute
Each personal-injury period below was verified against the cited statute on July 11, 2026, from the current official state code, cross-checked against independent 50-state surveys. Two states changed their period recently and the calculator splits on the effective date: Florida (four years → two, March 24, 2023) and Louisiana (one year → two, July 1, 2024). This table is generated from the same data the calculator uses, so the two cannot disagree. Other claim types in the tool are not yet individually cited.
| State | Years | Statute |
|---|
What is the statute of limitations in California? Every deadline, cited
This table is the fast answer. Each period is followed by the code section it comes from. Personal-injury periods are stamped Exact because we verify them against the statute every quarter; the others are cited to the controlling section and were confirmed July 2026.
| Type of claim | Deadline | Statute |
|---|---|---|
| Personal injury (negligence) | 2 years | Cal. Civ. Proc. Code § 335.1 |
| Car / motorcycle / pedestrian accident | 2 years | § 335.1 (same as any negligence) |
| Wrongful death | 2 years | § 335.1 (from date of death) |
| Medical malpractice | 1 yr from discovery / 3 yr max | § 340.5 |
| Assault & battery | 2 years | § 335.1 |
| Injury to personal property | 3 years | § 338(c) |
| Fraud | 3 years (from discovery) | § 338(d) |
| Written contract / most credit-card debt | 4 years | § 337 |
| Oral contract | 2 years | § 339 |
| Enforcing a court judgment | 10 years (renewable) | § 337.5 / § 683.020 |
| Claim against a government entity | 6 months to file a claim | Gov. Code § 911.2 |
| Adult sexual assault | 10 yr, or 3 yr from discovery | § 340.16 |
| Childhood sexual assault | to age 40, or 5 yr from discovery | § 340.1 |
Where two periods apply — as in medical malpractice or fraud — the earlier one usually controls. The government-claim deadline is the shortest and the most often missed; see § 6.
What is the statute of limitations for personal injury in California?
Most California injury claims run two years from the date of the wrongful act, under Code of Civil Procedure § 335.1 — "an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." The two-year clock is the same for car, motorcycle, bicycle, pedestrian, and truck accidents, slip-and-falls, dog bites, and defective-product injuries, because all of them are negligence claims governed by the one statute.
The clock normally starts on the date of the injury — not when treatment ends and not while you are negotiating with an insurer. That last point is the single most common way people lose a valid claim: the insurance conversation feels like progress while the filing deadline quietly runs out underneath it.
The discovery rule. When an injury could not reasonably have been discovered right away — a surgical error, a toxic exposure that surfaces years later — the two years can run instead from the date you knew or should have known you were harmed. This is the exception, not the rule; for an ordinary accident, the date of the accident is the date the clock starts.
How long do I have to sue for medical malpractice in California?
You have one year from discovering the injury, or three years from the injury itself, whichever comes first. Medical malpractice has its own deadline under § 340.5: the sooner of one year from when you discovered (or should have discovered) the injury, or three years from the injury itself. Fraud, intentional concealment, or a foreign object left in the body can extend the three-year outer limit. Claims for a minor generally follow the same three-year rule, with special provisions for children under six.
What is the statute of limitations on debt in California?
Most debt in California has a four-year deadline. A written contract — which includes nearly all credit-card debt, personal loans, and installment agreements — carries a four-year deadline under § 337. The clock generally starts on the date of your first missed payment. An oral contract is two years (§ 339). A court judgment can be enforced for ten years and renewed (§ 337.5).
One practical warning the statute doesn't spell out: making a payment or acknowledging the debt in writing can restart the four-year clock. If you are being contacted about an old debt, that is worth understanding before you respond.
How long do I have to sue a government agency in California?
You have just six months to file a claim against a government entity in California. If your injury involved a city, county, the state, a public transit agency, a public hospital, or a government employee on the job, the ordinary two-year rule does not apply first. You must present a written claim to the public entity within six months of the injury under Government Code § 911.2. Miss that, and the right to sue is generally extinguished before the two-year lawsuit deadline ever matters. This is the shortest and most dangerous deadline on the page.
What happens if you miss the statute of limitations in California?
A statute of limitations is an affirmative defense. If you file late, the defendant raises the expired deadline, and the court must dismiss the case — regardless of how clear the liability or how serious the injury. Insurers know these dates precisely. A handful of narrow exceptions can pause the clock: the plaintiff was a minor or legally incapacitated, the defendant left California, or the discovery rule applies. None of them are safe to rely on without legal advice.
Sources
Each period above is cited to the controlling California code section and was verified against the official statute on July 12, 2026. Primary source: the California Legislature's official code (leginfo.legislature.ca.gov). Personal-injury periods are additionally cross-checked every quarter and stamped Exact in the calculator.
- Personal injury, assault, wrongful death — Cal. Civ. Proc. Code § 335.1 (added Stats. 2002, ch. 448; eff. Jan. 1, 2003)
- Medical malpractice — § 340.5
- Property damage — § 338(c); fraud — § 338(d)
- Written contract / credit-card debt — § 337; oral contract — § 339; judgment — § 337.5, § 683.020
- Government claims — Gov. Code § 911.2
- Sexual assault — § 340.16 (adult), § 340.1 (childhood)
Verified against primary statutory sources — July 12, 2026
Common questions
How long do I have to sue after a car accident in California?
Two years from the date of the crash, under § 335.1 — unless a government vehicle was involved, in which case you must present a claim within six months (Gov. Code § 911.2).
Does an insurance claim stop the clock?
No. Negotiating with an insurer does not pause the filing deadline. You must file the lawsuit within the period even if the claim is still open.
Can the deadline ever be extended?
Sometimes — for minors, legally incapacitated plaintiffs, a defendant who left the state, or a genuinely undiscoverable injury. These are narrow and fact-specific; get legal advice before relying on any of them.
Is this legal advice?
No. This page is educational. Deadlines have exceptions that depend on your specific facts — confirm yours with a licensed California attorney before acting.