Understanding California’s Statute of Limitations for Personal Injury Claims
If you’ve been injured due to someone else’s negligence in California, it’s important to act quickly. One of the most crucial legal concepts to understand is the statute of limitations — the deadline you have to file a personal injury lawsuit. Missing this window can cost you your right to compensation entirely California statute of limitations personal injury.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time parties have to initiate legal proceedings after an alleged offense. In personal injury cases, this means you have a limited period to take legal action after an accident or injury occurs.
California’s Statute of Limitations for Personal Injury Cases
According to California law, the general statute of limitations for personal injury claims is:
- 2 years from the date of the injury
- If the injury wasn’t discovered right away: 1 year from the date you discovered (or reasonably should have discovered) the injury
This applies to common personal injury cases like car accidents, slip and fall incidents, dog bites, and assault injuries.
Special Rules for Government Claims
If your injury claim is against a government agency (e.g., city bus accident, public property injury), you must follow a different process:
- You must file a government claim within 6 months of the incident.
- The government agency then has 45 days to respond. If denied, you have only 6 months from the date of denial to file a lawsuit.
Exceptions That Can Affect the Deadline
While the 2-year rule applies in most cases, there are a few exceptions that can pause (or “toll”) the statute of limitations:
- Minor victims: The clock doesn’t start until the injured person turns 18.
- Mental incapacity: If the injured person was mentally incapacitated at the time of injury.
- Defendant out of state: If the at-fault party leaves California after the injury and before the lawsuit is filed.
These exceptions are complex, so it’s wise to consult with an experienced personal injury attorney to ensure your rights are protected.
Why This Deadline Matters
If you miss the deadline for filing your personal injury claim, the court will likely dismiss your case — no matter how strong your evidence is. This means no compensation for medical bills, lost wages, pain and suffering, or other damages.
Pro Tip:
Don’t wait until the last minute. Building a personal injury case takes time. The sooner you consult an attorney, the better they can preserve evidence, gather witness statements, and negotiate with insurance companies.
How an Attorney Can Help
An experienced personal injury lawyer will not only file your case on time but also guide you through every step of the process — from gathering documentation to negotiating a settlement or taking the case to trial if needed.
At San Diego Injury Attorney, we help clients throughout California protect their rights and pursue the compensation they deserve.
Final Thoughts
The statute of limitations is one of the most important deadlines in personal injury law. Whether you were injured in a car crash, a fall, or by a defective product, knowing your time limit — and acting on it — could be the difference between full compensation and no compensation at all.