In California, the law imposes strict time limits — called statutes of limitations — on your right to file a lawsuit. Miss the deadline, and you permanently lose your right to seek compensation, regardless of how strong your case is. Understanding these deadlines is one of the most important things you can do to protect your legal rights after an injury or employment violation.

Personal Injury: Two Years (CCP § 335.1)

Under California Code of Civil Procedure Section 335.1, you have two years from the date of injury to file a personal injury lawsuit. This applies to car accidents, motorcycle crashes, truck collisions, pedestrian accidents, slip and falls, dog bites, and most other injury claims. The clock starts on the day the injury occurs — not when you hire an attorney, not when medical treatment ends, and not when you feel ready to pursue a claim.

Wrongful Death: Two Years from Date of Death (CCP § 377.60)

Surviving family members have two years from the date of death to file a wrongful death lawsuit. This may differ from the date of the accident if the victim survived for a period before passing.

Claims Against Government Entities: Six Months (Gov. Code § 911.2)

If your injury was caused by a government entity — a city bus accident, a dangerous road condition maintained by the county, a fall on government property — you must file an administrative claim within six months of the injury under the California Government Claims Act. Only after this claim is denied can you file a lawsuit, and you then have just six months from the denial to do so. This is one of the most commonly missed deadlines.

Medical Malpractice: One Year / Three Years (CCP § 340.5)

Medical malpractice claims have a shorter deadline: one year from the date the patient discovered or should have discovered the injury, or three years from the date of the injury — whichever comes first. The "discovery rule" is critical in these cases because surgical errors, misdiagnoses, or medication errors may not become apparent for months.

Employment Law Deadlines

Employment claims have their own specific deadlines:

• Workplace discrimination and harassment (FEHA) — file with the California Civil Rights Department (CRD) within three years of the discriminatory act, then one year from the right-to-sue notice to file a civil lawsuit
• Federal discrimination claims (Title VII, ADA, ADEA) — file with the EEOC within 300 days of the discriminatory act
• Wage and hour violations — generally three years for most claims, four years under the Unfair Competition Law (B&P Code § 17200)
• PAGA claims — one year from the violation
• FMLA violations — two years (three years for willful violations)
• Wrongful termination — varies by theory; discrimination-based claims follow CRD deadlines, breach of contract claims have four years

Insurance Bad Faith: Two Years / Four Years

Bad faith tort claims (breach of the implied covenant of good faith) have a two-year statute. Breach of contract claims against your insurer have a four-year statute. Determining when the clock starts can be complex due to tolling while the claim is processed.

The Discovery Rule: When the Clock Starts Later

In some cases, the statute doesn't begin on the date of the incident. Under the "discovery rule," the clock starts when the plaintiff discovers, or reasonably should have discovered, the injury and its cause. This exception commonly applies in medical malpractice, toxic exposure, and product liability cases.

Tolling: When the Clock Pauses

• Minors — tolled until the child turns 18, then two years to file
• Mental incapacity — tolled until capacity is restored
• Defendant leaves California — time absent may not count
• Imprisonment — tolling provisions may apply

Don't Risk Missing Your Deadline

The safest approach is to contact an attorney as soon as possible after your injury or employment violation. At Khehra Law Corporation, we offer free consultations and can quickly assess which deadlines apply to your situation. Call (661) 383-9387 today.

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