A statute of limitations is the outer limit for starting a lawsuit. Unlike court deadlines measured in days, most limitations periods are stated in years or months, and a period counted that way does not add up days: it ends on the same date in the later year or month. The difficult parts are the edges — the day the claim accrued, an ending on a weekend or holiday, and starting dates the target month does not have.
Periods in this calculator
| Period | Length | Starts | Weekend or holiday ending |
|---|---|---|---|
| California personal injury or wrongful death (Code Civ. Proc. § 335.1) | 2 years | Accrual, usually the injury | Next court day (§§ 12, 12a) |
| Texas personal injury (Civ. Prac. & Rem. Code § 16.003) | 2 years | Accrual; death for wrongful death | Next day the county offices are open (§ 16.072) |
| Federal Tort Claims Act suit (28 U.S.C. § 2401(b)) | 6 months | Mailing of the agency’s final denial | Next business day under Rule 6(a) in most circuits |
Counting years: the anniversary rule
California counts a period by excluding the first day and including the last (Code Civ. Proc. § 12). In Shalabi v. City of Fontana (2021), the California Supreme Court applied that rule to a two-year limitations period and held the plaintiff could file on the second anniversary of the triggering day. Texas reaches the same result by statute: a year is twelve months, and a month ends on the same numbered day of the concluding month (Gov’t Code §§ 311.005(12), 311.014(c)).
Date the claim accrued (usually the date of injury):
- Count 2 years after : .
- is not a court day (Saturday), so the deadline moves forward to , passing (Sunday).
Deadline:
When the anniversary is a holiday
Both states extend a period that ends on a day the courthouse is closed, but they describe the closed days differently. California treats Saturdays, Sundays and judicial holidays as holidays for this purpose. Texas extends the period “to include the next day that the county offices are open for business,” and its courts of appeals disagree about state holidays on which county offices stay open. The calculator shows the earlier date and lists the later one.
Date the cause of action accrued (usually the date of injury):
- Count 2 years after : .
- is not a court day (Thanksgiving Day), so the deadline moves forward to .
Deadline:
Other reading: (Texas state holidays and Dec 24/26 also extend the period)
County closures count in Texas as well. In Martinez v. Windsor Park Development Co. (1992), the Texas Supreme Court held that § 16.072 extended a limitations period that ended on Good Friday, a day the county had declared a holiday. Choose the county under Which court? to apply the closures we have read on official pages for Travis, Tarrant, Harris, Bexar, El Paso, Denton, Williamson and Hidalgo counties; Dallas County’s holiday list is flagged without being applied, and you can enter a known closure as a closed day.
Months that are too short
A period that starts on the 29th, 30th or 31st of a month can reach a month without that day. Texas law ends it on the last day of the shorter month, and federal courts counting the FTCA’s six months do the same. February 29 is the same problem in years: a claim that accrues on reaches 2030, which has no February 29, and the calculator uses February 28.
Date the denial letter was mailed:
- Count 6 months after : .
- is not a court day (Sunday), so the deadline moves forward to .
Deadline:
The FTCA’s six months, counted two ways
Suit on a tort claim against the United States must begin within six months after the agency mails its final denial. Most courts count to the same date six months later. The Seventh Circuit, in Tribue v. United States (1987), counted whole calendar months instead: a denial mailed on the last day of April ran to the last day of October, one day later than the anniversary. The two methods differ only for denials mailed on the last day of a month, and the calculator shows both when they do. Mail days are never added; the clock starts on the mailing date itself.
Date the denial letter was mailed:
- Count 6 months after : .
Deadline:
Other reading: (Six whole calendar months after a month-end mailing)
Questions about limitations periods
How long is the statute of limitations for personal injury in California?
Two years. A suit for assault, battery, or injury to or death of an individual caused by another’s wrongful act or neglect must be filed within two years, counted to the anniversary of the accrual date and moved to the next court day if that date is a holiday (Code Civ. Proc. § 335.1).
How long is the statute of limitations for personal injury in Texas?
Two years after the day the claim accrues, and a wrongful-death claim accrues on the date of death. If the last day is a Saturday, Sunday or holiday, the period extends to the next day the county offices are open for business (Tex. Civ. Prac. & Rem. Code §§ 16.003, 16.072).
How long do you have to sue after an FTCA claim is denied?
Six months after the agency mails its notice of final denial. The clock starts on the mailing date shown on the denial, not the day it arrived, and no mail days are added (28 U.S.C. § 2401(b)). If the agency does not decide within six months, the claimant may treat that as a denial (28 U.S.C. § 2675(a)).
Can you file on the second anniversary of an injury in California?
Yes. California excludes the first day and includes the last, and in Shalabi v. City of Fontana (2021) the California Supreme Court held that a plaintiff could file on the second anniversary of the triggering day under a two-year limitations period (Code Civ. Proc. § 12; Code Civ. Proc. § 335.1).
What if a limitations period starts on February 29?
It ends on February 28 in a year that has no February 29. Texas law ends a period on the last day of a month that lacks the starting day (Tex. Gov’t Code §§ 311.005(12), 311.014(c)). No California decision settles the point, so the calculator uses the earlier date, February 28, there too.
Do you have to file a government claim before suing?
Yes, for claims against a California public entity or the United States. A claim against a California public entity generally must be presented within six months of accrual (Gov. Code § 911.2), and an FTCA claim must be presented to the federal agency within two years. Both steps come before any lawsuit, and both are separate from the suit deadline.
What this calculator does not decide
- Accrual. Discovery rules, continuing violations and accrual on death can move the starting date by years.
- Tolling. Minority, mental incapacity, the defendant’s absence from the state, bankruptcy stays and agreements to toll can extend a period.
- Government claim deadlines. California generally requires a claim to a public entity within six months (Gov. Code § 911.2), and FTCA claims must first be presented to the agency within two years. These come before any lawsuit.
- Other claims. Contract, property, medical malpractice and statutory claims have their own periods, often different from two years.
Because a missed limitations period usually ends the claim, have a lawyer confirm the date. For deadlines inside a pending case, use the deadline calculator or the court days calculator.