How Long After an Accident Can You Sue in San Diego, CA?
David J. Muñoz | September 25, 2026 | Personal Injury
In most San Diego personal injury cases, you have two years from the date of the injury to file a lawsuit. California Code of Civil Procedure § 335.1 establishes a two-year statute of limitations for actions involving injury or death caused by another person’s wrongful or negligent act.
However, some claims have much shorter deadlines. Claims against government entities and medical malpractice cases follow different rules, and certain circumstances can affect when the filing period begins or expires.
What Is the Statute of Limitations for a San Diego Personal Injury Case?
For most accident-related personal injury claims in San Diego, the statute of limitations is two years from the date of injury. This deadline commonly applies to claims arising from car accidents, motorcycle crashes, pedestrian accidents, slip-and-fall accidents, and other incidents caused by negligence.
If a lawsuit is filed after the applicable deadline, the defendant can raise the statute of limitations as a defense and ask the court to dismiss the case. That can prevent an injured person from recovering damages in a lawsuit, even when the underlying claim otherwise has merit.
Are There Exceptions to California’s Two-Year Deadline?
Yes. The two-year deadline does not apply in exactly the same way to every California injury claim.
Important exceptions include:
- Government claims: A person seeking compensation from a California state or local government entity generally must first submit an administrative injury claim within six months after the injury. If the agency provides written notice of rejection in accordance with California law, the claimant generally has six months from the date the notice is personally delivered or mailed to file suit.
- Medical malpractice: A lawsuit against a healthcare provider generally must be filed by the earlier of one year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury, or three years after the injury occurred, subject to statutory exceptions.
- Delayed discovery: In some cases, the limitations period can be affected when an injury was not discovered, and could not reasonably have been discovered, when it occurred.
- Tolling: California law can pause or extend certain limitation periods in specific circumstances, including some cases involving minors. Different tolling rules apply to claims against public entities.
Because these rules are fact-specific, accident victims should not assume an exception will extend their filing deadline.
Why Should You Start an Accident Claim Before the Deadline?
Starting a claim early helps preserve evidence and gives your attorney time to investigate liability before a lawsuit becomes necessary. Waiting until the statute of limitations is close can make it more difficult to locate witnesses, obtain surveillance footage, preserve vehicle data, or collect other evidence.
An early investigation can also identify whether a government agency, employer, property owner, manufacturer, or another party shares responsibility. That matters because different defendants can trigger different procedural requirements and deadlines.
How Can Mission Personal Injury Lawyers Help With a San Diego Accident Claim?
Mission Personal Injury Lawyers can determine which filing deadline applies and take steps to preserve a claim before that deadline expires. The firm has been successfully running for over 15 years and has recovered more than $150 million for injured clients.
Managing Partner David J. Muñoz has been recognized by Super Lawyers, Best Lawyers, and other legal organizations. Mission Personal Injury Lawyers also reports a $3.2 million trucking accident recovery, demonstrating experience with serious accident claims involving complex liability issues.
Frequently Asked Questions
How Long Do I Have to Sue After a Car Accident in California?
Most California personal injury lawsuits must be filed within two years of the injury under Code of Civil Procedure § 335.1.
Does The Two-Year Statute of Limitations Always Apply in California?
No. Different deadlines can apply to claims involving government entities, medical malpractice, minors, or injuries discovered later. The deadline depends on the facts and type of claim.
What Happens If I Miss The Statute of Limitations?
The defendant can raise the expired statute of limitations as a defense and seek dismissal of the lawsuit.
How Much Does a Personal Injury Lawyer Cost?
Mission Personal Injury Lawyers handles personal injury cases on a contingency fee basis, meaning attorney fees are generally paid only if the firm obtains a recovery.
Contact Mission Personal Injury Lawyers About Your San Diego Accident Claim
If you were injured in an accident in San Diego, California, determining your filing deadline should be a priority. Although most personal injury lawsuits are subject to California’s two-year statute of limitations, shorter deadlines or special rules can apply.
Contact Mission Personal Injury Lawyers for a free consultation. A San Diego personal injury lawyer at the firm can review when your accident occurred, identify the deadline that applies to your claim, and explain your legal options for seeking compensation.
We proudly serve San Diego County and throughout California.
Mission Personal Injury Lawyers – San Diego Office
3666 Fourth Ave, San Diego, CA 92103
(619) 777-5555
Mission Personal Injury Lawyers – Chula Vista Office
690 Otay Lakes Rd #130, Chula Vista, CA 91910
(619) 722-3032
We also serve the state of Texas. For legal assistance, contact our personal injury law office in El Paso today.
Mission Personal Injury Lawyers – El Paso Office
201 E Main Suite 106, El Paso, Texas 79901
(915) 591-1000
