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By David Gammill · Last reviewed: August 24, 2026
In California, you generally have 2 years from the date of the injury to file a personal injury lawsuit. That deadline comes from Code of Civil Procedure § 335.1, the state’s two-year statute of limitations. Miss it, and the court will almost always dismiss your case no matter how strong it is. Shorter deadlines apply when a government entity is involved.
Not sure how this deadline applies to your situation? Call Gammill Law at 310-750-4149 for a free consultation, or send us a message through our contact page.
The two-year clock is set by statute, not by insurance company policy. California Code of Civil Procedure § 335.1 requires that a lawsuit for “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” be filed within two years. Our full explainer on CCP § 335.1, California’s two-year statute of limitations, walks through the statute’s exact text, how the clock starts, and the main exceptions.
The clock usually starts on the date of the injury: the day of the crash, the fall, or the attack. Filing a claim with an insurance company does not stop it. Negotiating with an adjuster does not stop it. Only filing a lawsuit in court, or a written agreement that specifically pauses the deadline, protects your right to sue.
The biggest trap is the government claim deadline. If your injury involves a public entity, such as a city vehicle, a dangerous public road, or a school district, California requires a written claim to that entity within 6 months of the injury under Government Code § 911.2, before any lawsuit can be filed. Our government claim deadline explainer covers that process step by step.
| Who injured you | First deadline | What it is |
|---|---|---|
| A private person or business | 2 years from the injury | Lawsuit deadline under CCP § 335.1 |
| A California public entity | 6 months from the injury | Written claim under Gov. Code § 911.2; suit follows on the § 945.6 timeline, generally 6 months from a written rejection |
Sometimes. California law pauses, or “tolls,” the statute of limitations in limited situations, such as when the injured person is a minor or when an injury could not reasonably have been discovered right away. These rules are narrow and heavily litigated, so no one should assume a longer deadline applies to them without a lawyer confirming it against the facts. The safe planning assumption is always the shortest possible deadline.
The legal deadline is two years; the evidence deadline is measured in days. In Torrance and across the South Bay, storefront and traffic camera footage is routinely overwritten within days or weeks, vehicles are repaired or scrapped along with the data they carry, and witness memories fade. A case filed on day 700 with no preserved evidence is far weaker than a case investigated in week one. The deadline tells you the last possible day to act; it says nothing about the best day.
The answer depends on who injured you and when, and getting it wrong is unforgiving. If you were hurt in Torrance or anywhere in the South Bay, get your free case evaluation or call 310-750-4149, and see our Torrance personal injury attorney page for how we handle these cases. There are no upfront legal fees; a fee is collected only if we win, under a written contingency fee agreement that complies with California law.
Disclaimer: This article is educational and informational in nature. It does not constitute legal advice for any specific situation, and reading it does not create an attorney-client relationship. Every case turns on its own facts, and no result is guaranteed; consult a licensed California attorney about your own circumstances.
