Quick Answer
Two years from the date of injury under California Code of Civil Procedure §335.1 — or six months if a government entity (the City of San Diego, the County, the State, or any public employee) contributed to the injury under Government Code §911.2. Miss the deadline and the claim is permanently barred.
Reviewed by Daryoosh Khashayar, ABOTA Member, founder and managing partner of Khashayar Law Group — Last updated May 2026.
Under California law, the statute of limitations for personal injury claims is set by California Code of Civil Procedure §335.1, which gives an injured plaintiff two years from the date of injury to file a lawsuit. Property damage gets three years under §338(c). Once the deadline passes, courts dismiss the case regardless of how strong the underlying facts are.
The deadline interacts with several other rules. CCP §340.5 sets a one-year-from-discovery rule for medical malpractice cases. CCP §352 tolls the clock for plaintiffs who were minors at the time of injury until they turn 18. The discovery rule, established under California case law, extends the clock when an injury was not immediately apparent (latent injuries from toxic exposure, defective products, or surgical errors).
The single most consequential exception involves government entities. If the City of San Diego, the County of San Diego, the State of California, or any public employee contributed to your injury, California Government Code §911.2 requires you to file a written government claim within six months of the injury before a lawsuit is even possible. Khashayar Law Group secured a $4.5 million verdict against the City of San Diego in a trip-and-fall case that started with this exact six-month government claim process.
California Government Code §911.2 requires a written government claim to be filed within six months of the date of injury when a government entity or public employee contributed to the harm. Common examples in San Diego include:
Once the government entity rejects (or fails to act on) the claim, you have a separate window to file a lawsuit. This six-month window is the single most commonly missed deadline in California personal injury practice. Daryoosh Khashayar has handled multiple successful government claims, including the $4.5 million verdict against the City of San Diego.
The discovery rule applies when an injury was not immediately apparent at the time of the wrongful act. Examples include:
In these cases, the two-year clock starts when the plaintiff knew or reasonably should have known of the injury and its likely cause — not from the date of the underlying act. The discovery rule does not apply to typical car accidents, slip-and-fall incidents, or other injuries that are obvious at the moment they occur.
Under CCP §352, the statute of limitations is tolled (paused) while a plaintiff is under 18. The two-year clock starts on the plaintiff’s 18th birthday, giving minors until age 20 to file. Medical malpractice claims by minors have a separate rule under CCP §340.5: three years from the act of malpractice, or until the minor’s eighth birthday, whichever is later. Government claims by minors still require the six-month written claim under §911.2 — the tolling rule does not extend the government claim deadline.
The claim is permanently barred. Courts dismiss late-filed cases on procedural grounds without examining the merits. No settlement is possible, no jury hears the evidence, and the at-fault party owes nothing. Insurance companies routinely refuse to negotiate once they know the deadline has passed. The single exception is fraud-based concealment, where a defendant who actively hid the existence of a claim can be estopped from invoking the statute — but this requires clear evidence of intentional concealment.
This FAQ relates to our Automobile Accidents, Truck Accidents, Wrongful Death, and Slip and Fall practice areas. To discuss your case before the deadline runs, call (858) 509-1550 for a free consultation.