If you have been injured due to someone else’s negligence—whether in a car accident, slip and fall, or another type of incident—you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. However, personal injury claims are time-sensitive, and failing to file within the legal deadline could mean losing your right to seek compensation.
Understanding California’s statute of limitations is crucial when pursuing a personal injury case. In this article, we explain how long you have to file a claim, exceptions that may extend the deadline, and why acting quickly is in your best interest.
1. What Is the Statute of Limitations for Personal Injury Cases in California?
In California, the statute of limitations for most personal injury claims is two years from the date of the injury. This means that you must file a lawsuit within two years of the accident, or you may lose your right to recover damages.
However, different types of personal injury cases have different deadlines. Below are the key time limits you should know:
- General Personal Injury Claims (such as car accidents, slip and falls): 2 years from the date of injury.
- Delayed Injury Discovery (if you did not immediately realize you were injured): 1 year from the date of discovery.
- Claims Against a Government Entity (such as city or state agencies): 6 months from the date of injury to file an administrative claim.
- Medical Malpractice Claims: 3 years from the date of injury or 1 year from the date the injury was discovered, whichever comes first.
- Wrongful Death Claims: 2 years from the date of death.
If you miss these deadlines, your case could be dismissed, meaning you lose your right to compensation.
2. Exceptions That Can Extend the Filing Deadline
While the statute of limitations is strict, certain exceptions can extend the deadline under specific circumstances:
- Delayed Discovery Rule: If your injury was not immediately apparent (such as in medical malpractice or toxic exposure cases), the clock starts when you discover or should have reasonably discovered the injury.
- Minors: If the injured person was under 18 years old at the time of the incident, the two-year deadline does not begin until their 18th birthday, giving them until age 20 to file a claim.
- Defendant Leaves the State: If the person responsible for your injury leaves California, the time they are out of the state may not count toward the statute of limitations.
- Mental Incapacity: If the injured person is mentally incapacitated (such as in a coma or with a traumatic brain injury), the filing deadline may be paused until they are legally able to act on their claim.
While these exceptions may provide additional time, they are not automatic. You must prove that your case qualifies for an extension, which is why consulting an experienced attorney is crucial.
3. Why You Should File Your Claim as Soon as Possible
Even if you have time to file your claim, waiting too long can weaken your case. Here’s why taking immediate action is essential:
- Stronger Evidence: Witnesses’ memories fade, surveillance footage gets erased, and crucial documents may be lost over time. Filing early helps preserve key evidence.
- Medical Documentation: Delaying your claim may make it harder to prove that your injuries are directly related to the accident. Medical records should be obtained as soon as possible.
- Insurance Company Tactics: Insurance companies may delay negotiations to run out the clock, hoping you miss the deadline. Filing quickly prevents them from using this strategy against you.
- Financial Recovery: The sooner you file, the sooner you may receive compensation for medical bills, lost wages, and other damages, helping you regain financial stability.
4. What Happens If You Miss the Deadline?
If you try to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case, and you will:
- Lose your legal right to seek compensation for medical expenses, lost income, and other damages.
- Have no leverage to negotiate with the insurance company, as they are not obligated to settle your claim.
- Be responsible for covering all financial losses related to your injury out of pocket.
If you believe an exception applies to your case, it is critical to consult an attorney immediately to explore your legal options before it’s too late.
5. How Kinsler Law Can Help You File Your Claim on Time
Filing a personal injury claim can be a complex and overwhelming process, especially while recovering from an injury. At Kinsler Law, we guide injured individuals through the legal process, ensuring their claims are filed correctly and on time.
We offer flexible legal consultations via Zoom and phone, so you can receive professional guidance without the stress of traveling to an office. Our legal team will:
- Evaluate your case and determine the correct deadline for filing your claim.
- Handle all legal paperwork to ensure nothing is overlooked.
- Negotiate with insurance companies to pursue the maximum compensation available.
- Take your case to court if a fair settlement cannot be reached.
If you have been injured, do not wait. Contact Kinsler Law today for a free consultation and let us help you protect your rights.
Understanding how long you have to file a personal injury claim in California is essential to protecting your rights. In most cases, you have two years from the date of the injury, but waiting too long can hurt your case.
If you or a loved one has suffered an injury due to someone else’s negligence, do not risk missing the deadline. At Kinsler Law, we are here to help you navigate the legal process and fight for the compensation you deserve.
Contact us today to schedule a free consultation via Zoom or phone.