Statute of Limitations for Injury Claims: How Deadlines Work

There is no single US deadline for filing an injury claim. Each state sets its own periods in its own code, and the period depends on the claim, the defendant and when the injury was or should have been discovered. California gives two years for most injury claims; New York gives three years for personal injury and two for wrongful death; and a claim against a California government agency must first be presented to the agency within six months. This guide explains how the periods are structured and where the authoritative text lives.

How long do you have to file an injury claim?

Common negligence and injury claims usually fall in a two to three year range. California’s Code of Civil Procedure section 335.1 requires an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another to be brought within two years. New York’s Civil Practice Law and Rules section 214 imposes three years on an action to recover damages for personal injury, and the New York courts’ timetable lists three years for car crashes, product liability and other negligence claims. Vehicle collision cases, such as commercial truck collision claims, are a common example.

Other claims run on shorter clocks: California allows one year for libel, slander and false imprisonment, New York lists one year for civil assault and battery and two years and six months for medical malpractice, and wrongful death must be commenced within two years of the death.

What is established vs. what is alleged

Established: the text of each period and the date its provision took effect. A state’s code, a state court’s self-help page and the United States Code are authoritative statements of that text.

Argued case by case: whether a particular claim was filed too late. A defendant who contends the period has run asks the court to dismiss, and the plaintiff may answer that the injury was not discovered until later or that a tolling provision applies. Those answers turn on facts a court must resolve.

How a limitations dispute proceeds and where the rules live

An injury claim begins as a complaint filed in a trial court. The federal courts publish a plain-language description of what follows: service on the defendant, discovery in which each side produces information and documents, motions asking for rulings, and, absent settlement, trial. Untimeliness is raised by the defendant as a defence, sometimes soon after the complaint and sometimes after discovery establishes the relevant dates.

The authoritative rules live in the state code, published by the legislature; state court self-help pages; local court rules; the Federal Rules of Civil Procedure; the United States Code; and PACER for the case record. This site’s legal guides section and the guide to how mass tort litigation works cover related procedure topics.

The discovery rule

Most periods run from the injury, but a different rule applies when the injury is not apparent. California’s courts explain that where the problem is not discovered right away, the period generally starts from the date it was discovered or reasonably should have been discovered, whichever comes first. California also writes discovery rules into specific claims: a fraud action does not accrue until the aggrieved party discovers the facts, and medical malpractice runs from discovery subject to a three-year ceiling.

New York’s rule for latent harm is statutory. Civil Practice Law and Rules section 214-c computes a three-year period for injury from the latent effects of exposure to a substance from the date the plaintiff discovered the injury, or the date it should have been discovered with reasonable diligence, whichever is earlier. It allows one year from discovery of the cause in defined circumstances and does not apply to medical or dental malpractice. Exposure claims such as the Roundup glyphosate litigation turn on exactly this question.

Tolling, minors and government defendants

Some periods pause. California does not count the time of the disability against the deadline where the person entitled to sue is a minor or lacks the legal capacity to make decisions when the cause of action accrues, although that provision excludes claims requiring a government claim. New York extends the period for a plaintiff under a disability because of infancy or insanity, capped at ten years after accrual, and allows child sexual abuse claims to be commenced on or before the plaintiff turns 55.

Government defendants require earlier steps. California requires a claim against a public entity within six months for death or personal injury, or one year for other causes of action; the state’s courts note the agency has 45 days to respond and that a denial opens a six-month window to sue. New York’s timetable lists 90 days to give notice and one year and 90 days to sue for claims against the City and State of New York.

Timing rules that appear in federal statutes

Two federal provisions carry their own timing rules. Under 28 U.S.C. 1367(d), the limitations period for a claim asserted under supplemental jurisdiction is tolled while the claim is pending and for 30 days after dismissal, unless state law provides longer tolling. Under 28 U.S.C. 1332(d)(11)(D), limitations periods on claims in a mass action removed to federal court are tolled while the action is pending there.

Key dates

• December 1, 1990: 28 U.S.C. 1367 is added by Pub. L. 101-650.
• January 1, 2003: California’s two-year period in Code of Civil Procedure section 335.1 takes effect.
• January 1, 2015: California’s amendment to Code of Civil Procedure section 352 takes effect.
• June 27, 2016: California’s amendment to Government Code section 911.2 takes effect.

What this does not establish

This article does not state a national deadline, because none exists. It uses two large states as illustrations rather than surveying every state, so the applicable rule has to be checked in that state’s code or on its court self-help pages. Nothing here decides whether a particular claim is timely.

Frequently asked questions

When does the clock start if I did not know I was injured?

It depends on the state and the claim. California’s courts say the period generally starts from the date the problem was discovered or reasonably should have been discovered, whichever comes first. New York runs a three-year period for latent exposure injuries from discovery of the injury.

Does suing a government agency change the deadline?

Yes. California requires a claim to be presented to the public entity within six months for death or personal injury, or one year for other causes of action, before any lawsuit. New York’s timetable lists 90 days to give notice and one year and 90 days to sue.

Do minors get more time to sue?

Both states extend time. California does not count the period of disability, except for claims requiring a government claim. New York extends the period in many cases, capped at ten years after accrual except for infancy in actions other than medical malpractice.

Sources

1. Administrative Office of the U.S. Courts: “Civil Cases” (link, accessed 2026-10-13)
2. Administrative Office of the U.S. Courts: “Covering Civil Cases (Journalist’s Guide to the Federal Courts)” (link, accessed 2026-10-13)
3. Administrative Office of the U.S. Courts: “Federal Rules of Civil Procedure” (link, accessed 2026-10-13)
4. New York State Unified Court System: “Statute of Limitations Timetable” (link, accessed 2026-10-13)
5. California Courts Self-Help Guide: “Deadlines to sue someone” (link, accessed 2026-10-13)
6. California Courts Self-Help Guide: “Ask a government agency to pay you by a deadline” (link, accessed 2026-10-13)
7. California Legislative Information: “California Code of Civil Procedure section 335.1” (link, accessed 2026-10-13)
8. California Legislative Information: “California Code of Civil Procedure section 338” (link, accessed 2026-10-13)
9. California Legislative Information: “California Code of Civil Procedure section 340” (link, accessed 2026-10-13)
10. California Legislative Information: “California Code of Civil Procedure section 340.5” (link, accessed 2026-10-13)
11. California Legislative Information: “California Code of Civil Procedure section 352” (link, accessed 2026-10-13)
12. California Legislative Information: “California Government Code section 911.2” (link, accessed 2026-10-13)
13. New York State Senate: “New York Civil Practice Law and Rules section 214” (link, accessed 2026-10-13)
14. New York State Senate: “New York Civil Practice Law and Rules section 208” (link, accessed 2026-10-13)
15. New York State Senate: “New York Civil Practice Law and Rules section 214-c” (link, accessed 2026-10-13)
16. New York State Senate: “New York Estates, Powers and Trusts Law section 5-4.1” (link, accessed 2026-10-13)
17. Office of the Law Revision Counsel: “28 U.S.C. 1332: Diversity of citizenship; amount in controversy; costs” (link, accessed 2026-10-13)
18. Office of the Law Revision Counsel: “28 U.S.C. 1367: Supplemental jurisdiction” (link, accessed 2026-10-13)

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