By yaniv · 2026-04-22 · 6 min read
A practical breakdown of CCP §335.1, government-entity claim deadlines under Gov. Code §911.2, and tolling considerations that frequently catch injured Californians off guard.
Of the questions injured Californians ask in the first phone call, the most consequential is rarely the one about case value. It is the question about the deadline. Miss the statute of limitations and the most meritorious claim in the state is barred. The numbers below are not legal advice. They are the structural rules around which every personal injury claim in California is built.
California Code of Civil Procedure § 335.1 imposes a two-year statute of limitations on actions for "assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." That is the default for the overwhelming majority of personal injury claims arising from motor-vehicle collisions, premises liability, dog bites, and similar negligence-based torts.
Two years from when. From the date of injury. Not the date of diagnosis, not the date your insurance claim is denied, and not the date opposing counsel finally returns your call. Calendar that date the day you walk into our office, and calendar it on two systems, not one.
If the at-fault party is a public entity, such as the City of Los Angeles, the County, a school district, or a transit agency, California Government Code § 911.2 requires a written claim be presented to the entity within six months of accrual. Not two years. Six.
A late or non-existent government claim is fatal. There is a discretionary leave-to-present-late-claim procedure under Gov. Code § 911.4, but it is narrow, fact-bound, and not a substitute for filing on time. If your collision involved a Metro bus, a county vehicle, or an injury on public property, treat the six-month clock as the deadline that governs your case.
MICRA cases run on a separate track. Under CCP § 340.5, an action for injury or death against a health care provider must be brought within three years of the injury or one year after the plaintiff discovers (or through reasonable diligence should have discovered) the injury, whichever occurs first. The one-year discovery rule is the operative deadline in most malpractice matters.
Wrongful death actions under CCP § 377.60 are also subject to the two-year limitation period in CCP § 335.1, measured from the date of death, not the date of the underlying injury. Survival actions under CCP § 377.30 (the decedent's own pre-death claim) carry their own analysis, running to the later of two years from injury or six months from death.
California recognizes tolling in narrow circumstances: plaintiffs under 18 (CCP § 352(a)), defendants out of state (CCP § 351), and certain incompetency situations. The discovery rule applies in latent-injury and toxic-tort contexts. Do not plan your case around tolling. Plan your case around the limitations period; treat tolling as a defense to a limitations argument, not a substitute for filing.
Adjusters frequently quote "deadlines": the deadline to provide a recorded statement, the deadline to accept an offer, the deadline to sign a release. None of those are statutes of limitations. They are negotiation tactics. The only deadlines that matter are the ones imposed by statute and by court rule. We respond to carrier-imposed timelines on our terms, not theirs.
Treat any injury you might want to litigate as a six-month case, not a two-year case, until you can rule out public-entity involvement. Treat any medical-malpractice injury as a one-year case from the date of discovery. And get the file open early. Every week between the injury and the call is a week of evidence preservation we cannot get back.
If your matter is approaching any of these deadlines, call the firm today. The cost of an early consultation is zero. The cost of a missed limitations period is the entire case.
This article is general information about California law. It is not legal advice and is not a substitute for advice from an attorney who knows the facts of your situation.
Reading it does not create an attorney-client relationship with Yasmeh Law Group, and neither does contacting the firm. That relationship begins only after a conflicts check and a signed written engagement agreement. Do not send confidential information before then.
The statutes and deadlines described were accurate as understood on 2026-04-22. California law changes and any rule depends on the particular facts. Case results mentioned do not guarantee a similar outcome. Yasmeh Law Group practices only in California.
Serving Van Nuys, CA, Los Angeles County, and California. This page is informational and does not create an attorney-client relationship.