Being a victim of an accident, malpractice, or another person’s negligence can be not only frustrating but also overwhelming. Along with dealing with injuries, medical bills, and the stress of recovery, many people often wonder what their legal options are.
Fortunately, under both state and federal laws, injured victims can seek relief; however, the California personal injury statute of limitations establishes strict deadlines for filing a personal injury claim in court. Missing this deadline can prevent someone from filing a personal injury lawsuit and recovering compensation for their losses.
At Burg & Brock, we understand how stressful dealing with an accident or injury can be; that’s why we are committed to helping injured victims understand their rights under California law. We ensure to guide you through the entire legal process with ease and simplicity, ensuring that your rights are protected and you are duly compensated for your losses. Contact us today for a free case evaluation.
This article explores the basic rules of the California statute of limitations for personal injury cases, how it can affect your claim, and the common exceptions that can change the deadline.
The California personal injury statute of limitations is the legal deadline for filing a lawsuit after someone is injured due to another person's negligence. This simply means the amount of time the law gives an injured person to take their personal injury case to court. This timeline is important because filing a case after the deadline has passed will be futile.
For many personal injury cases in California, the law basically gives two years from the date the injury occurred to file a lawsuit. If the limitations for personal injury pass, the injured person may lose the legal right to recover compensation for medical bills, property damage, lost wages, or other losses related to the accident.
This time limit applies to many types of personal injury claims, including those involving car accidents, medical malpractice, and product liability. In fact, statistics show that medical errors contribute to more than 25,000 deaths per year in the United States, which makes them one of the leading causes of death. In these cases, as previously stated, the injured person has two years to begin a personal injury action in court. However, if the limitations expire before the case is filed, the defendant can ask them to dismiss the legal claim.
The statute of limitations directly affects whether an injured person can file a claim and seek compensation. For example, imagine someone is hurt in a car accident caused by the negligence of another driver. If the injured person files their personal injury lawsuit within two years of the date the injury occurred, then the case can proceed to California courts. According to a quote from Lena G. Karaminassian, a personal injury attorney:
“Understanding the statute of limitations is one of the most important steps in protecting your legal rights after an injury. Missing a filing deadline can prevent victims from recovering the compensation they deserve.”
The person may be able to recover compensation for medical treatment, vehicle repairs, and other losses. However, if the person delays and the two-year statute passes before they can take legal action, then the other party can request that the case be dismissed. This same rule applies to other types of personal injury cases. The statute of limitations can also affect claims against a government entity or government agency. Government claims generally have different deadlines, which are typically shorter.
This means that in situations where a government body is responsible for harm caused, an administrative claim must be filed six months after the incident. There are also wrongful death claims, which can arise when an injury leads to the death of a person. In these cases, the family has the legal right to file a wrongful death lawsuit, but the deadline begins from the date of the death rather than the original underlying accident.
Under California law, if an accident results in damage only to personal property, the statute of limitations is three years from the date the damage occurred. This means a person has three years to file a legal claim or lawsuit in California courts to recover the cost of repairing or replacing the damaged property. For example, if someone’s car is damaged in a car accident by another individual, the owner generally has up to three years to file a claim seeking payment for the repairs or replacement of the vehicle.
However, if the same accident also caused physical injury, the claim for the injury would still usually follow the two-year deadline for a personal injury lawsuit. There are also situations where the timeline can change because of certain circumstances. For example, in some medical malpractice cases, the law sets a special rule that generally allows three years from the date of the injury or one year from the date the injury was discovered, whichever comes first. This rule exists because injuries related to medical treatment are sometimes discovered later.
California statute of limitations sets strict time limits for filing a personal injury lawsuit. However, there are certain exceptions that can extend or change when the deadline applies. These exceptions exist because California recognizes that certain people or specific circumstances can make it difficult to file a claim. Below are some situations when these exceptions may apply.
When an injured person is under the age of 18 at the time the injury occurred, the normal two-year statute does not begin immediately. Instead, the law will delay when the statute of limitations starts until the person reaches the age of majority. This means that the individual will have two years from his or her 18th birthday to file a lawsuit. This exception helps to ensure that minors still have the opportunity to file personal injury claims and recover damages once they are legally able to take action.
Another important exception involves mental incompetence. This means that if an injured person is considered mentally unable to manage their legal affairs at the time of the accident, the law will pause the statute of limitations. In this circumstance, the limitations period will not run while the person is legally considered incompetent. Once the individual becomes mentally stable enough to handle their affairs, the limitations begin again.
Another important exception is called the discovery rule, which is also known as delayed discovery. This rule comes into play when an injury is not immediately discovered after the accident. In that case, the statute of limitations does not start on the date the injury was sustained. Instead, the limitations begin when the injured victim discovers the injury or when they reasonably should have discovered it.
This exception is usually common in medical malpractice cases involving serious injuries such as traumatic brain injuries or spinal cord injuries, where the symptoms might take time to appear. For instance, in this real case study between Jolly v. Eli Lilly & Co, the plaintiff developed health complications after her mother took a drug called DES during pregnancy.
However, she did not immediately file a lawsuit because she did not initially know the drug manufacturer responsible for her injuries. The California Supreme Court ruled that the statute of limitations began when the plaintiff suspected or should have suspected that her injury was caused by wrongdoing, not when she discovered the exact defendant responsible.
One of the most important steps is to speak with a personal injury lawyer as soon as possible after an accident. Getting legal help early helps to ensure that injured victims understand their rights and know the necessary steps to take to protect them. A personal injury attorney can assist in ensuring that you understand the time limits that apply to your case and avoid making mistakes that could weaken your claim.
Many law firms offer a free consultation or free case review that can allow you to explain your situation and get legal advice concerning your case. Another important step is protecting evidence related to the accident. The injured person should try to gather evidence as soon as possible while the details of the accident are still fresh. This can include photographs, videos, medical records, repair bills, and witness statements.
One disadvantage of waiting too long before filing a claim is not only that you might exceed the statute of limitations, but also that evidence can be lost in that amount of time. Over time, witness memories can fade, documents can be lost, and important details about the accident can become harder to prove.
One of the main benefits of hiring a personal injury attorney is that they offer clear legal advice throughout the process. They have an understanding of how the California statute of limitations works for different types of personal injury claims.
Lawyers also help to make sure that injured persons get the most they are entitled to. They review the details of the accident, gather relevant evidence, and identify anyone who may be responsible. This can include costs for medical bills, lost wages, or damage to property.
A personal injury claim is an important step towards recovering fair compensation and holding responsible parties accountable. However, these cases are governed by the statute of limitations, which sets strict deadlines on when injured victims can file a personal injury claim or lawsuit. Understanding these deadlines and taking action early is essential because waiting too long can eliminate your ability to seek compensation.
Burg & Brock is a personal injury law firm renowned for their dedication to guiding clients through the complex process of a claim. Our team of experienced lawyers can assist with gathering evidence, investigating witnesses, and representing you in court. Reach out to us today to get started.
Below are frequent questions about California’s personal injury statute of limitations and their provided answers.
The statute of limitations is the legal deadline for filing a personal injury lawsuit in court. In most personal injury cases in California, a person usually has two years from the date the injury happened to start a legal case. If the injured person does not take action within this time, the court will usually refuse to hear the case.
In most situations, an injured person has two years from the date the injury occurred to file a personal injury claim. This rule applies to many types of accidents, including car accident cases and other situations where someone is hurt because of another person’s actions. Acting early is important so there is enough time to prepare the case and gather evidence.
Yes, in some situations, the deadline can be extended. For example, if the injured person is a minor, the time limit may not begin until they turn 18. The discovery rule may also apply if the injury was not discovered right away. In some cases involving a government entity, a special administrative claim must be filed first, and the deadlines may be different.
If the statute of limitations passes before a personal injury lawsuit is filed, the court will usually dismiss the case. This means the injured person may lose the chance to seek compensation for medical bills, lost wages, or other losses caused by the accident.
Yes, some cases follow different rules. For example, claims for property damage may have a three-year time limit. Some medical malpractice cases also follow special deadlines depending on when the injury was discovered. Cases involving a government agency can also have shorter deadlines. Because of these differences, it is often helpful to speak with a lawyer to understand which deadline applies to a specific situation.
Legal Disclaimer
The information provided in this article is for general informational and educational purposes only and should not be construed as legal advice. Laws regarding personal injury and statutes of limitations may vary depending on the specific facts of each case and may change over time. Reading this content does not create an attorney-client relationship between you and Burg & Brock or any of its attorneys.
If you have been injured or believe you may have a legal claim, you should consult a qualified attorney to obtain advice regarding your specific situation. Do not rely solely on the information presented here when making legal decisions. Prior results do not guarantee a similar outcome, and every case must be evaluated on its own merits.
California statute of limitations applies to all personal injury cases, including car accidents, truck accidents, motorcycle crashes, wrongful death, slip and fall injuries, and dog bites. The sooner you act, the stronger your case. Contact Burg & Brock for a free case review.
Don't let the statute of limitations expire on your claim. Whether you've been injured in a car accident, truck accident, motorcycle crash, or any other incident caused by negligence, our attorneys can help you understand your legal options. Contact Burg & Brock for a free consultation.
Cameron Brock is a recognized personal injury lawyer in Los Angeles with extensive experience and success representing individuals and families in catastrophic personal injury and wrongful death cases.
Cameron’s proven track record of helping those who have been harmed by wrongful conduct, violations of safety rules, and defective products has focused on claims involving automotive product defect, tire product defect, commercial truck accidents, trash truck accidents, airplane and helicopter crashes, train disaster, government liability for dangerous condition of public property, and general negligence.
Read more about Cameron BrockWe turn your pain into payouts. No stress, no upfront fees—just real results when you need them most.
