Personal Injury Statute Of Limitations In California (2025)

California Personal Injury Statute of Limitations Overview

The personal injury statute of limitations in California refers to the amount of time you have to file a claim. There is a general timeline, along with exceptions that allow for extensions in certain circumstances.

Time Limits for Personal Injury, Wrongful Death and Property Damage

In California, you generally have two years to file personal injury cases, including those involving wrongful death. For property damage claims, you have three years to file a claim.

Extensions and the Discovery Rule

The discovery rule allows you to extend the statute of limitations. The clock would start ticking from the moment that you discovered or should have discovered you were hurt.

Special Rules for Common Claim Types

Medical malpractice cases come with a few special rules. For example, when filing these claims, you typically have three years from the date of the injury or one year from when you discovered you had suffered harm.

In claims involving children, the statute of limitations is typically tolled until the person turns 18. From then, they may have up to two years to begin their claim.

Impact of Deadlines on Insurance Claims

To have a chance to recover losses, it’s vital that you file on time. You may have other deadlines to account for as well, such as those set by your insurer. California personal injury lawyers can help ensure you don’t miss any applicable deadlines.

Consequences of Missing the Deadline

Missing the filing deadline means you won’t be able to recover your losses. Without this compensation, you may have to pay for all of the expenses associated with your accident out of your own pocket.

Damage Limits That May Affect Recovery

For the majority of personal injury claims, there are no caps on the economic and non-economic damages you may be able to obtain. One of the only exceptions involves medical malpractice cases, which have a cap on non-economic damages. The limit is adjusted every year, however, to address inflation.

If you’re filing against a government entity, you will also face some caps on the non-economic damages you can claim.

Getting Legal Help and a Free Case Evaluation

After getting hurt because of someone else’s conduct, you may be able to obtain the compensation you deserve by filing a claim before the statute of limitations expires. At ConsumerShield, we match clients like you with trusted local lawyers. Contact us to begin today.