1. Which Deadline Applies to Your Injury Claim?
California Code of Civil Procedure § 335.1 generally gives a plaintiff two years to commence an action for personal injury or death caused by another person's wrongful act or neglect. That rule covers many ordinary negligence claims, but it does not answer every limitations question. The defendant's identity, the nature of the alleged wrongdoing, and when the claim accrued can change the analysis. A broader overview of accident and injury matters is available through our DWI, DUI & Personal Injury practice.
The Two-Year Period Does Not Control Every Case
For a typical negligence claim arising from a collision or unsafe property condition, § 335.1 is often the starting point. But a plaintiff should not assume that every injury discovered later automatically receives two years from the date of discovery. Accrual and tolling rules depend on the particular cause of action and facts.
Claims against Public Entities Can Require Action Much Earlier
If a California public entity may be responsible, Government Code § 911.2 generally requires a claim relating to personal injury or death to be presented within six months after the cause of action accrues. This requirement can apply before a civil lawsuit is filed. A person who misses that six-month period may have a statutory procedure for seeking permission to present a late claim, but Government Code § 911.4 generally requires that application within a reasonable time not exceeding one year after accrual. The availability of relief still depends on the statutory requirements and facts.
2. Medical Negligence Has Its Own Timing Rules
Professional negligence claims against qualifying healthcare providers do not simply follow the ordinary two-year personal injury rule. California Code of Civil Procedure § 340.5 generally requires an action to begin within three years after the date of injury or one year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever occurs first. The statute also contains specific exceptions and separate provisions for minors.
A 90-Day Notice Must Be Built into the Filing Timeline
Code of Civil Procedure § 364 generally requires at least 90 days' prior notice before commencing an action based on a healthcare provider's professional negligence. If the notice is served during the final 90 days of the applicable limitations period, the statute provides a 90-day extension from service of the notice. This is a pre-suit notice requirement, not a California certificate-of-merit requirement. More complex treatment-related claims may also call for review under medical malpractice litigation.
3. A Workplace Accident Can Create More Than One Claim
An injury sustained at work may involve workers' compensation rights and, when someone other than the employer is legally responsible, a separate civil claim against that third party. The two tracks should not be treated as interchangeable because they arise under different rules and can affect one another.
Workers' Compensation Notice and a Third-Party Lawsuit Are Different Steps
California Labor Code § 5400 generally requires written notice of a workplace injury to the employer within 30 days, subject to statutory exceptions. Separately, Labor Code § 3852 permits an employee in appropriate circumstances to pursue a claim against a third person whose conduct caused the injury. For example, an employee injured by an unrelated driver while performing job duties may have both workers' compensation issues and a negligence claim against the driver. Those overlapping issues can also involve the firm's Labor & Employment Law practice.
4. Filing the Complaint Does Not End the Calendar
Meeting the statute of limitations gets a lawsuit started, but it does not eliminate later procedural deadlines. After filing, the plaintiff must identify the defendants, arrange service, and comply with the applicable California court rules. Problems at this stage are different from missing the original statute of limitations, but they can still create sanctions or other procedural consequences.
Named Defendants Generally Must Be Served within 60 Days
California Rule of Court 3.110 generally requires the complaint to be served on all named defendants and proofs of service to be filed within 60 days after the complaint is filed. The court may extend or otherwise modify that period, and an application for additional time must ordinarily explain why service has not been completed and what efforts have been made. Missing the 60-day case-management deadline does not, by itself, mean that the action is automatically dismissed.
5. Fatal Injuries Require a Separate Claim Analysis
When an injured person dies, the legal question is not simply whether the personal injury case continues under a different name. California distinguishes a wrongful death claim belonging to statutorily authorized claimants from claims that belonged to the decedent before death. The distinction affects who may sue, what losses are being claimed, and which timing rules require review.
Wrongful Death and Survival Claims Serve Different Purposes
Code of Civil Procedure § 377.60 identifies the persons who may assert a wrongful death claim, including specified spouses, domestic partners, children, and other qualifying persons. Section 335.1 generally supplies a two-year limitations period for death caused by another's wrongful act or neglect. A survival claim is different: it continues a cause of action that belonged to the decedent rather than compensating family members for their own wrongful death losses. Because the underlying claim may have accrued before death, its deadline requires a separate analysis. Families dealing with a fatal accident can review the broader issues addressed in our wrongful death compensation practice.
6. When Should a Personal Injury Deadline Be Reviewed Promptly?
Timing deserves closer attention when a public agency may be involved, the injury may result from medical treatment, the accident occurred during employment, a defendant has not yet been identified or served, or the injured person has died. A personal injury lawyer reviewing a San Francisco matter can determine which cause of action is being considered, when it accrued, whether a pre-suit claim or notice applies, and which filing dates should be calendared. Those questions are more useful than relying on a single two-year deadline for every injury case.
22 Sep, 2026
