Understanding California’s Statute of Limitations for Personal Injury Claims

Navigating the aftermath of a personal injury is often overwhelming. Between medical appointments, insurance paperwork, and figuring out how to move forward, it’s easy to overlook critical legal deadlines.

Yet, understanding California’s statute of limitations for personal injury claims is vital to preserving your right to seek compensation. If you wait too long, you may lose the ability to hold the responsible party accountable. Fortunately, an experienced personal injury lawyer in California can help you stay within these important timelines.

The statute of limitations refers to the legal deadline for filing a lawsuit. In California, personal injury claims are generally subject to a two-year statute of limitations, as outlined in California Code of Civil Procedure § 335.1.

This means that you have two years from the date of the injury to file a lawsuit against the at-fault party. Missing this deadline can result in your case being dismissed, no matter how strong the evidence is in your favor.

However, the law isn’t always this straightforward. Certain circumstances can alter the timeline, and understanding these exceptions is key to protecting your rights.

When Does the Clock Start?

In most cases, the two-year statute of limitations begins when the injury occurred. For example, if you were injured in a car accident on January 1, 2023, you would generally have until January 1, 2025, to file your claim. However, there are exceptions where the clock may start later.

One common exception is the “discovery rule.” Under this rule, if the injury or its cause was not immediately apparent, the statute of limitations begins when the injury was discovered or reasonably should have been discovered.

For instance, exposure to a toxic substance may cause health issues that manifest years later. In such cases, working with a skilled California injury attorney can make all the difference in navigating this complex rule.

Claims Against Government Entities

The rules change significantly if your personal injury claim involves a government entity—such as a city, county, or state agency. Under the California Government Code § 911.2, you must file a claim with the appropriate government agency within six months of the injury date.

This strict deadline applies to cases such as injuries caused by poorly maintained public roads or negligence by government employees. If the agency denies your claim, you have six months to file a lawsuit in court.

Because these deadlines are far shorter than the standard two years, it is crucial to consult with a top-rated personal injury law firm in California as soon as possible when dealing with a government-related injury.

Special Rules for Minors

The statute of limitations is different for minors under California law. If the injured person is under 18, the two-year clock typically does not begin until they turn 18.

For example, if a 16-year-old is injured in a bicycle accident, they generally have until their 20th birthday to file a claim. This exception provides some flexibility, but it’s wise to consult with a California injury lawyer early to preserve evidence and build a strong case.

What About Medical Malpractice Cases?

Medical malpractice cases have their statute of limitations under California Code of Civil Procedure § 340.5. Victims must file a lawsuit within one year of discovering the injury or within three years of the date of the injury, whichever comes first.

This rule accounts for situations where the harm caused by medical negligence is not immediately apparent. If you believe you’ve been harmed due to medical malpractice, a California injury attorney can help you understand these specific timelines and take swift action.

The Impact of Comparative Negligence

Even if the statute of limitations has not expired, California’s comparative negligence rule can affect your case. Under this rule, your compensation may be reduced by your percentage of fault in the accident.

For example, if you are found 20% at fault for a car accident, your compensation would be reduced by 20%. Hiring a personal injury lawyer in California is essential to demonstrate the other party’s liability and minimize the impact of comparative negligence on your claim.

Why Acting Quickly Matters

Delaying legal action risks missing the statute of limitations and can weaken your case. Evidence such as witness statements, surveillance footage, and physical evidence can deteriorate over time. Acting promptly gives your attorney the best chance to build a compelling case for maximum compensation.

According to the California Office of Traffic Safety, there were over 187,000 injury crashes in the state in 2021. Victims must understand their rights and act quickly in the face of many daily accidents. Partnering with a top-rated personal injury law firm in California ensures your case is handled urgently and precisely.

What to Do After an Injury

If you’ve suffered an injury, prioritize your health and safety first. Seek medical attention immediately and keep all records of your treatment. Next, gather evidence, such as photos of the accident scene, contact information for witnesses, and any relevant documents.

Finally, contact an injury lawyer in California to discuss your options. They can evaluate your case, explain the applicable deadlines, and take legal action.

Protect Your Rights Today

California’s statute of limitations for personal injury claims is a critical law designed to resolve cases while evidence and memories are fresh. Failing to file within the required timeframe can leave you without recourse, no matter how clear the other party’s fault may be.

Don’t take chances with your future. Contact a trusted California injury attorney to guide you through the process, protect your rights, and fight for the compensation you deserve. By acting swiftly and with the right legal support, you can focus on healing while your attorney handles the complexities of your case.