Key facts: California
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. California follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for California
Two years from the date of injury. Wrongful death runs two years from the date of death. Medical malpractice follows a separate three-year/one-year rule under Code Civ. Proc. § 340.5. Discovery rule applies. Minor tolling under § 352 pauses the clock until age 18. Claims against government entities must be presented administratively within six months under Gov. Code § 911.2.
Related: California comparative negligence rule
California follows a pure comparative rule. California follows pure comparative negligence, adopted judicially in Li v. Yellow Cab Co. (1975). A claimant can recover damages even if more than 99 percent at fault; damages are reduced in direct proportion to the claimant’s share of fault. The rule is judge-made, not statutory, so the controlling authority is the case itself rather than a code section.
Read the full California comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed California attorney before relying on it.