Think you’ve got time to file your injury claim? Think again. In California, missing a deadline could mean losing your right to compensation, no matter how valid your case is. If you’ve been injured and are thinking about filing legal claims, it’s critical to understand the clock you’re up against.
In this post, we’ll break down the personal injury statute of limitations in California—how it works, what affects it, and why waiting too long can cost you everything.
What Is the Statute of Limitations for Personal Injury in California?
The statute of limitations is a law that sets a strict deadline for filing a lawsuit after a personal injury. In California, that window is typically two years from the date the injury occurred (California Code of Civil Procedure s. 335.1).
If you miss it, the court may not even hear your case, regardless of how strong it is.
However, if you didn’t immediately notice the injury—common in cases involving internal damage, emotional trauma, or toxic exposure, the delayed discovery rule may apply.
This rule allows the deadline to start from the moment you discovered (or reasonably should have discovered) the injury.
Why does this matter? Because injury symptoms aren’t always immediate. Think of car accident victims who feel fine at the scene but later develop chronic pain or brain fog. Without this rule, those cases might never be heard in court.
But even with exceptions, the clock is always ticking. And if you file late, the court is legally allowed and often required to dismiss your claim unless an exception applies
Not sure when your window started? Get clarity with a free legal consultation
Exceptions That Can Shorten or Extend the Deadline
Some situations change the rules, know if one applies to you.
1. Claims Involving Government Agencies [Personal Injury & Wrongful Death]
When your injury involves a government entity, say you slipped on a city-maintained sidewalk or were hit by a government vehicle, you’re required to file an administrative claim within six months of the incident. The agency then has 45 days to respond before you can file a lawsuit.
Government claims follow rigid rules, and missing one step can invalidate your case.
2. Minors or Mentally Incapacitated Victims
If the injured person is under 18 or mentally incapacitated, the statute of limitations may be paused. This legal pause called “tolling,” ensures the deadline doesn’t begin until the person turns 18 or regains capacity.
This rule may protect vulnerable individuals who can’t make legal decisions on their own.
3. Defendant Is Out of State
If the person responsible for your injury leaves California, the court may pause the deadline until they return. This exception ensures that at-fault parties can’t evade accountability just by relocating temporarily.
Why You Shouldn’t Wait to File an Injury Claim
Time doesn’t just affect deadlines, it affects outcomes. Waiting to file doesn’t just risk missing the statute of limitations. It actively weakens your case in several ways:
Evidence deteriorates
Photos get deleted. Surveillance footage gets overwritten. Witnesses forget what they saw. Even seemingly simple cases become harder to prove with time.
Not sure what to do right after a crash? Here’s your step-by-step guide to handling a car accident in California—from the scene to the claim.
Medical gaps raise red flags
Insurance companies look closely at your treatment timeline. If you waited weeks or months to see a doctor, they may argue your injury wasn’t serious or wasn’t related to the accident.
Insurers use delay tactics
The longer you wait, the more leverage the insurance company gains. They may reduce or deny claims outright, hoping you’re unaware of your rights or desperate for fast cash. Filing early puts you in control, not them.
Don’t let delays cost you thousands. Get legal advice today.
How to Start Filing Legal Claims in California
Here’s how to move forward with clarity, not confusion.
1. Talk to a personal injury lawyer ASAP
An experienced attorney doesn’t just file paperwork, they protect your timeline, gather evidence, calculate fair compensation, and handle negotiations. The earlier you reach out, the more tools they’ll have to build a solid case.
Speak with a personal injury lawyer at Court House Lawyers now.
2. Get your documents in order
That includes medical records, police reports, photographs, pay stubs (to prove lost income), and any relevant texts or emails. Organized documentation gives your lawyer a head start and boosts your claim’s credibility.
3. Don’t wait for your injuries to “settle”
Many people delay filing because they’re still in pain or unsure how bad the injury is. But waiting until everything’s resolved may mean waiting too long and not receiving fair compensation. You can file while still receiving treatment—just make sure you have already started the process.
Conclusion
From the moment you’re injured, the legal countdown begins. In most California cases, that means you have two years, but certain scenarios give you only months.
You don’t have to navigate this alone. And you definitely should be represented.
Reach out today for a free legal consultation with Court House Lawyers. We’ll walk you through your options, help you meet key deadlines, and fight for the compensation you deserve—time is of the essence.
FAQs: California Personal Injury Statute of Limitations
What happens if I file a personal injury claim after the statute of limitations?
If you file after the deadline, the court will almost always dismiss your case regardless of how strong your evidence is. That’s why it’s critical to know your timeline and act early.
Not sure if you’re still within your window? Contact us today for a free legal consultation
Can I sue if I didn’t realize I was injured right away?
Yes. California’s delayed discovery rule may apply if your symptoms appear later. This allows the clock to start from the moment you discovered (or reasonably should have discovered) the injury.
Is the deadline the same for all types of personal injury claims?
No. While most personal injury cases have a two-year deadline, claims involving government agencies, medical malpractice, and wrongful death can have different timelines.
How long do I have to sue if the injury involved a government agency?
You typically have six months to file an administrative claim. After that, the agency has 45 days to respond. If they deny the claim, you’ll have a limited time to file a lawsuit, often six months from the denial date.
Can the statute of limitations be extended?
In some cases, yes. Tolling may apply if:
- The victim is a minor
- The victim is mentally incapacitated
- The defendant left the state after the incident
These factors might pause the legal deadline temporarily.
Do I need a lawyer to file a claim before the deadline?
You’re not legally required to have a lawyer, but it is always recommended to have legal counsel protect you and your rights. A personal injury attorney can ensure your paperwork is filed correctly, gather time-sensitive evidence, and protect you from insurance tactics designed to reduce your claim.
Need help before time runs out? Get a free legal consultation now »
