Understanding the Statute of Limitations for Personal Injury Claims in California

Introduction

If you’ve been injured in an accident due to someone else’s negligence in California, you only have a limited time to file a lawsuit. This legal time frame is called the Statute of limitations for personal injury in California.

Failing to file before the deadline can result in losing your right to compensation for medical bills, lost wages, and pain and suffering.

This guide explains:

How long you have to file a personal injury claim in California
Exceptions that can extend the deadline
What happens if you miss the deadline
Why acting quickly can strengthen your case

1. What is the Statute of Limitations for Personal Injury in California?

In California, the standard statute of limitations for personal injury lawsuits is:

⏳ 2 years from the date of injury (California Code of Civil Procedure § 335.1)

🚨 Example: If you were injured in a car accident on January 1, 2024, you must file a lawsuit by January 1, 2026.

📌 If you miss this deadline, your case will likely be dismissed, and you won’t receive compensation.

💡 Why You Should Act Fast: Even though you have two years, waiting too long can weaken your case because:

Evidence (like surveillance footage or accident reports) may get lost.
Witnesses may forget key details.
Insurance companies may argue that your injury wasn’t serious since you delayed filing.

2. Are There Exceptions That Extend the Filing Deadline?

There are some exceptions that may allow you to file a claim after the two-year deadline in California:

1️⃣ Discovery Rule (For Delayed Injuries)

If an injury isn’t immediately noticeable, the statute of limitations starts from the date you discovered (or should have discovered) the injury.

💡 Example: A patient undergoes surgery but doesn’t realize the doctor made a mistake until a later medical evaluation. In this case, the clock may start when the malpractice is discovered.

2️⃣ Minors (Under 18 Years Old)

If the injured person was under 18 at the time of the accident, the statute of limitations does not start until they turn 18. They will then have until their 20th birthday to file a claim.

💡 Example: A child injured at age 16 in an accident has until age 20 to file a lawsuit.

3️⃣ Government Claims Have a 6-Month Deadline

If your claim involves a government entity (e.g., you were hit by a city bus, injured on public property, or harmed by a government worker), you must file a formal claim within 6 months (180 days) of the incident.

🚨 Important: If the government agency denies your claim, you have only 6 more months to file a lawsuit.

Where to File: For government-related claims, visit the California Government Claims Program.

4️⃣ Defendant Leaves the State

If the person responsible for your injury leaves California, the statute of limitations may be “paused” until they return.

3. What Happens If You Miss the Filing Deadline?

Your lawsuit will likely be dismissed – The court may refuse to hear your case.
You lose your right to compensation – Even if you have strong evidence, you can’t recover damages.
Insurance companies won’t settle – If insurers know you can’t sue, they may refuse to pay or offer a lowball amount.

💡 Are There Any Loopholes? In rare cases, a judge may grant an exception if there are extraordinary circumstances that prevented you from filing on time.

4. Steps to Take to File Your Personal Injury Claim on Time

To protect your claim, take these steps as soon as possible:

1️⃣ Seek Medical Attention Immediately

Get checked by a doctor—even if you feel fine.
Medical records serve as evidence for your claim.

2️⃣ Gather Evidence Early

Collect police reports, medical records, witness statements, and accident scene photos.
Keep a journal documenting your pain and recovery process.

3️⃣ File an Insurance Claim Promptly

Many insurance companies require accidents to be reported within days or weeks.
Delaying your claim can hurt your settlement negotiations.

4️⃣ Contact a Personal Injury Lawyer

A lawyer will determine your deadline and ensure you file before it expires.
They will handle negotiations with insurers to maximize your payout.

📌 Need help filing your claim? Contact Injuries Attorney for a free consultation today.

5. Why You Should File Your Claim as Soon as Possible

Even if you have two years, filing sooner increases your chances of success.

⏳ Why Waiting Hurts Your Case:

Insurance companies may delay your claim to pressure you into a lower settlement.
Key evidence can disappear (e.g., traffic camera footage may be deleted).
Witnesses’ memories fade over time.

🚨 The sooner you file, the stronger your case will be!

Final Thoughts: Know Your Legal Deadlines in California

If you’ve been injured, knowing how long you have to file a personal injury claim in California is crucial to securing fair compensation.

✅ Key Takeaways:

California’s statute of limitations is 2 years for most personal injury cases.
Exceptions exist for minors, delayed injuries, and government claims.
Missing the deadline means losing your right to compensation.
Consult a lawyer early to ensure you meet all filing requirements.

🚨 Need Legal Help? Don’t risk missing your deadline—contact Injuries Attorney today for a free consultation!