This glossary entry provides general legal information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Legal terms are applied differently depending on the facts of each case and the jurisdiction. Consult a licensed attorney in your state for guidance specific to your situation.
A statute of limitations is a legislative enactment prescribing the time period within which a civil action must be commenced after a cause of action accrues. Failure to file within the statutory period results in the claim being time-barred, stripping the court of authority to hear the merits of the case, regardless of the underlying claim's validity.
The legal deadline by which a personal injury lawsuit must be filed or be permanently barred.
Statute of Limitations in injured in an accident Cases
The statute of limitations is the single most important procedural deadline in a personal injury case. It determines whether the injured person retains the legal right to seek compensation — and once the period expires, no amount of evidence, no severity of injury, and no clarity of fault restores that right.
In California, Code of Civil Procedure § 335.1 establishes a two-year statute of limitations for most personal injury claims: vehicle accidents, premises liability, dog bites, assault, and product defects. The clock begins on the date the injury is sustained. When injury is not immediately apparent, California’s discovery rule delays the start until the plaintiff knew or reasonably should have known about the injury and its cause.
Several categories of California personal injury claims operate under different limitations periods. Medical malpractice claims under MICRA (Code of Civil Procedure § 340.5) are subject to the earlier of three years from injury or one year from discovery. Government entity claims under the Government Claims Act require an administrative filing within six months of the incident — a jurisdictional prerequisite to any lawsuit against a city, county, or state agency. Claims on behalf of minors are tolled until the minor turns 18 under Code of Civil Procedure § 352, though this tolling cannot extend beyond six years from the date of injury in most circumstances.
The statute of limitations is not waivable and is not subject to judicial discretion once it has expired. Unlike some procedural defenses that can be waived if not raised promptly, the limitations bar is absolute once triggered. Courts have consistently held that the policy interest in finality of claims outweighs the merits of any individual case, however sympathetic.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
How Statute of Limitations Works in Practice
The limitations period begins to run when a cause of action "accrues" — typically, the date the plaintiff is injured. In a vehicle accident, that is the date of the collision. In a slip and fall, it is the date of the fall. The date the injury is discovered, the date medical treatment begins, or the date the plaintiff retains an attorney are generally irrelevant to accrual under the standard rule.
Tolling and exceptions modify the baseline. Several circumstances can pause or delay the period. Minority tolling under § 352 pauses the clock while the injured person is under 18. Mental incapacity tolling pauses the clock during legal incapacity. The discovery rule delays accrual entirely when the plaintiff could not reasonably have known about the injury. Fraudulent concealment by the defendant tolls the period during the concealment.
The government claims trap. When a government entity is potentially liable, the Government Claims Act (Gov. Code § 910 et seq.) operates as an entirely separate prerequisite. A written administrative claim must be presented to the entity within six months of the incident. This deadline runs concurrently with — not after — the two-year civil limitations period.
Practical consequence of missing the deadline. A defendant who receives a complaint filed one day after the limitations period expires will file a demurrer or motion for judgment on the pleadings. Courts sustain these without examining the merits. The case is dismissed and the judgment is final.
State-by-State Variations
California’s two-year personal injury SOL is the median among U.S. states. States with notably shorter periods include Kentucky and Louisiana (one year each), and Tennessee (one year). States with longer periods include Maine (six years), North Dakota (six years), Missouri (five years), and Nebraska and Utah (four years). The discovery rule, minor tolling, and government claims deadlines vary significantly by state.
States with modified comparative fault systems bar recovery when the plaintiff’s fault reaches 50% or 51% depending on the state. California’s pure comparative fault system permits recovery at any fault level. The SOL reference tool on this site covers the general limitations period for all 50 states and D.C. with citations to the governing statute.
Related Legal Terms
Discovery Rule
Delays the SOL start date when an injury is not immediately apparent at the time it occurs.
Tolling
A legal pause in the running of the limitations period due to minority, incapacity, or other recognized grounds.
Negligence
The standard of conduct a claim must satisfy to establish the defendant’s liability — the cause of action the SOL deadline governs.
Frequently Asked Questions — Statute of Limitations
California Code of Civil Procedure § 335.1 establishes a two-year statute of limitations from the date of injury for most personal injury claims. Important exceptions shorten or extend this period: medical malpractice claims operate under MICRA’s one-year-from-discovery or three-year-from-act framework; government entity claims require an administrative filing within six months; and the limitations period is tolled for minor victims until they turn 18.
Courts dismiss time-barred cases as a matter of law. The defendant files a demurrer or motion for judgment on the pleadings, and the court dismisses the case without examining its merits. This dismissal is permanent — there is no equitable exception based on the claim’s strength or the severity of the injury. The practical result is permanent, unrecoverable loss of the right to seek court-ordered compensation.
Yes. California’s Government Claims Act (Government Code § 910 et seq.) requires a written administrative claim to be presented to the responsible government entity within six months of the injury. This is a jurisdictional prerequisite to any lawsuit — not an alternative to the two-year civil limitations period, but an additional and shorter deadline that runs concurrently with it.
Yes, through tolling. The period pauses for minor victims (under 18) until they reach adulthood under Code of Civil Procedure § 352. It also pauses for legal incapacity during the period of incapacity. The discovery rule delays accrual when the plaintiff could not reasonably have known about the injury. Fraudulent concealment by the defendant pauses the period during concealment. These are narrow exceptions — courts do not extend the period simply because a plaintiff was unaware of the deadline.