Personal Injury Statute of Limitations: Deadlines in California, Arizona, Florida, and Texas

The statute of limitations is the legal deadline to file a personal injury lawsuit. Miss it and your right to sue is gone – regardless of how strong your case is, how serious your injuries are, or how clearly the other party was at fault. Because Milano Legal Group practices in California, Arizona, Florida, and Texas, and because each state has its own deadlines and exceptions, understanding the specific rules that apply to your situation is essential.

This guide covers the key limitations periods in each state, the exceptions that can extend or shorten those deadlines, and why acting early matters even when the deadline seems far away.

Why the Statute of Limitations Matters So Much

Many injured people assume the deadline is something to worry about later – after medical treatment is complete, after the insurance negotiation has played out, after life has stabilized. That assumption is dangerous. Courts apply statutes of limitations strictly, and even a filing that is one day late can permanently end a valid claim. Insurance companies know these deadlines and will occasionally use delay tactics to run out the clock on injured claimants who are not represented by counsel.

Acting early also preserves evidence. Surveillance footage is overwritten within days. Witnesses’ memories fade. Physical evidence at accident scenes disappears. An attorney who starts investigating a case in the weeks after the accident has access to far more than one who starts six months before the deadline.

California: Two Years

California’s personal injury statute of limitations under Code of Civil Procedure Section 335.1 is two years from the date of injury. This applies to car accidents, slip and fall injuries, dog bites, and most other personal injury claims.

Key exceptions in California include:

• Government claims: If a government entity – a city, county, or state agency – is responsible for the injury, a government tort claim must be filed with that entity within six months of the incident before any lawsuit can proceed. Missing the six-month administrative filing deadline can bar the civil claim entirely
• Discovery rule: The two-year clock starts when the injury is discovered or reasonably should have been discovered, rather than the date of the incident, in cases where the injury was not immediately apparent
• Minors: For injured minors, the statute is tolled until the child turns 18, giving them until their 20th birthday to file, though claims against government entities still follow shortened timelines
• Defendant absence: Time during which the defendant is absent from California can be tolled under certain circumstances

Arizona: Two Years

Arizona Revised Statutes Section 12-542 sets a two-year statute of limitations for personal injury claims. The clock starts on the date of the accident or the date the injury was discovered.

Key exceptions in Arizona include:

• Government claims: Claims against Arizona state agencies or municipalities must be filed with the entity within 180 days of the incident under ARS Section 12-821.01 before a lawsuit can proceed
• Minors: The statute is tolled for minors until they reach the age of 18
• Wrongful death: Arizona wrongful death claims also follow a two-year deadline, running from the date of death

Florida: Two Years

Florida reduced its personal injury statute of limitations from four years to two years effective March 24, 2023, under Florida Statutes Section 95.11. This is one of the most significant recent changes to Florida personal injury law and it catches many people off guard who assume the older four-year rule still applies.

Key exceptions in Florida include:

• Government claims: Florida requires pre-suit written notice to government entities within three years of the incident before filing a lawsuit under Florida Statutes Section 768.28
• Minors: Claims on behalf of minors are generally tolled until the child reaches age 18, subject to additional limitations
• Medical malpractice: Florida medical malpractice claims follow a two-year limitations period with a four-year statute of repose, subject to the discovery rule

Texas: Two Years

Texas Civil Practice and Remedies Code Section 16.003 sets a two-year statute of limitations for personal injury and wrongful death claims. The clock begins on the date of the accident or the date of death in wrongful death cases.

Key exceptions in Texas include:

• Government claims: Claims against Texas government entities require written notice under the Texas Tort Claims Act within six months of the incident
• Minors: The limitations period is tolled for minors until age 18, giving them until their 20th birthday to file
• Discovery rule: Texas applies the discovery rule in limited circumstances where the injury was inherently undiscoverable at the time of the incident
• Medical malpractice: Texas medical malpractice claims are subject to a two-year limitation and a ten-year statute of repose

When the Clock Starts: The Accrual Date

For most accident cases, the limitations period begins on the date of the incident. For injuries that are not immediately apparent – such as those caused by toxic exposure, medical errors, or latent conditions – the discovery rule may delay the start of the clock until the injured person knew or reasonably should have known about the injury and its cause. These situations require careful legal analysis because the discovery rule’s application varies by state and by the specific facts of the case.

The Government Entity Trap

Claims against government entities – including city-owned vehicles, government-maintained roads, public transportation, and public facilities – are subject to much shorter administrative notice deadlines than the standard limitations period. In California, that window is six months. In Texas, it is six months. In Arizona, it is 180 days. Missing these administrative deadlines can permanently bar a claim that would otherwise be valid. Anyone injured in a circumstance that may involve a government entity should consult an attorney immediately.

The U.S. Courts caseload statistics reflect the volume of civil cases that depend on timely filing – a reminder that procedural deadlines are real, enforceable, and unforgiving.

Do Not Wait to Contact an Attorney

The statute of limitations is a floor, not a target. Waiting until the deadline approaches to contact a lawyer dramatically reduces the quality of the investigation, the evidence available, and in many cases the outcome. The strongest cases are built in the weeks and months immediately following an injury, when memories are fresh, evidence is intact, and all options are open.

Milano Legal Group handles personal injury cases across California, Arizona, Florida, and Texas. Our attorneys know the specific rules, exceptions, and government claim requirements that apply in each state. For a free consultation, contact us today. For general information about the claims process, our FAQs page addresses many of the most common questions injured people have. You can also learn more about all the practice areas we cover across our four-state footprint.