California Code of Civil Procedure § 335.1

Under California Code of Civil Procedure § 335.1, you generally have two years from the date of an injury — or a person’s death — caused by another’s wrongful act or negligence to file a personal-injury or wrongful-death lawsuit in California. Missing this deadline usually bars the claim permanently.

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text

Read the full, current section at the official source: Cal. Code Civ. Proc. § 335.1 (leginfo).

In Plain English

• Two-year deadline: the standard limit for most personal-injury and wrongful-death claims (car crashes, slip-and-falls, assault, battery).
• Runs from the injury (or the date of death in a wrongful-death case).
• Key exceptions: claims against a government entity require a 6-month government claim first (Gov. Code § 911.2); deadlines are tolled for minors; the discovery rule can delay the start in some cases.
• Miss it and the claim is barred — the defendant can have the case dismissed regardless of its merits.

Key Terms Defined

Statute of limitations

The legal deadline to file a lawsuit; for most California injury claims it is two years under § 335.1.

Wrongful act or neglect

Conduct — intentional or negligent — that causes injury or death, triggering the two-year period.

Tolling

A pause in the limitations clock, e.g., while the injured person is a minor.

Purpose & Context

Section 335.1 sets California’s standard personal-injury deadline. The Legislature balances a claimant’s right to seek compensation against the need to resolve claims while evidence and witnesses are still available — which is why acting well before the two-year mark matters.

Real-World Example

A driver is injured in a rear-end collision on January 10. Under § 335.1, they generally have until January 10 two years later to file suit. If a city vehicle was involved, a government claim is due within six months — a much shorter window that is easy to miss.

CCP § 335.1 at a glance

Related California Statutes

• CCP § 340.16 — longer deadline for sexual assault
• CCP § 377.60 — who may bring a wrongful-death claim
• Civil Code § 1714 — the general duty of care

Why 335.1 Matters

For injured people & families

Because the two-year clock starts at the injury, waiting to consult an attorney can quietly cost you the entire claim — especially where a shorter government deadline applies. See our California car accident lawyer page.

For defendants

Defendants can move to dismiss any claim filed after the limitations period, making the exact accrual date a central issue.

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in California?

Generally two years from the date of injury under Code of Civil Procedure § 335.1.

Does the deadline change if a government agency is involved?

Yes. You must usually file a government claim within six months (Gov. Code § 911.2) before you can sue a public entity.

What happens if I miss the two-year deadline?

The court can dismiss the case as time-barred, regardless of how strong it is, so it is important to act early.

Is the deadline different for minors?

Yes. The limitations period is generally tolled while the injured person is a minor.