Code of Civil Procedure § 335.1 – Statute of Limitations for Personal Injury (2 Years)
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Code of Civil Procedure § 335.1 – Statute of Limitations for Personal Injury (2 Years)
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 – 366.3]
( Title 2 enacted 1872. )CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 – 349.4]
( Chapter 3 enacted 1872. )California Law
335.1.
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
(Added by Stats. 2002, Ch. 448, Sec. 2. Effective January 1, 2003.)
California Law Summary
This statute sets a two-year statute of limitations for filing a civil lawsuit seeking damages for:
Assault,
Battery,
Personal injury, or
Wrongful death,
resulting from the wrongful act or neglect of another.
Purpose
To provide a clear and fair time limit for individuals to assert their legal rights following personal injury or wrongful death, encouraging timely resolution of disputes and preservation of evidence.
Application
This statute is critical in personal injury and wrongful death litigation. Plaintiffs generally must file their claims within two years of the date of injury or death. Missing this deadline can result in the claim being barred, regardless of its merits.
Note:
There are exceptions that may extend or toll the statute (e.g., discovery rule, minor plaintiffs, or delayed injury manifestation), but these are narrowly applied.
