A statute of limitations is the legal deadline for filing a lawsuit after suffering an injury.
In California, the statute of limitations for most personal injury cases is two years from the date of the injury.
If you fail to file your lawsuit before the deadline expires, the court will likely dismiss your case, meaning you could lose your opportunity to recover compensation—even if someone else’s negligence caused your injuries.
Because every case is different, it is important to speak with a California personal injury lawyer as soon as possible after an accident.
Which Personal Injury Cases Have a Two-Year Deadline?
The two-year statute of limitations generally applies to many common personal injury claims, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Dog bite injuries
- Premises liability claims
- Wrongful death claims (generally two years from the date of death)
Although two years may seem like plenty of time, building a strong case often requires collecting evidence, reviewing medical records, interviewing witnesses, and negotiating with insurance companies. The sooner you begin the process, the better.
Are There Exceptions to California’s Statute of Limitations?
Yes. Certain circumstances can shorten—or in some cases extend—the deadline for filing a personal injury lawsuit.
Claims Against Government Agencies
If your injury involves a government agency or public employee, the rules are very different.
Examples include:
- Injuries on public property
- Accidents involving city or county vehicles
- Dangerous road conditions
- Public transportation accidents
In most cases, you must first file an administrative claim within six months of the accident before filing a lawsuit.
Missing this deadline may prevent you from recovering compensation.
Delayed Discovery of an Injury
Some injuries are not immediately apparent after an accident.
Examples include:
- Traumatic brain injuries
- Internal bleeding
- Toxic exposure
- Certain medical complications
Under California’s Discovery Rule, the statute of limitations may begin when the injury was discovered—or reasonably should have been discovered—instead of the date of the accident.
Whether this exception applies depends on the facts of your case.
Injuries Involving Minors
Special legal rules may apply when the injured person is under the age of 18.
While California law may extend certain filing deadlines for minors, important exceptions exist, especially if a government entity is involved.
Parents should consult with a personal injury attorney as soon as possible to protect their child’s legal rights.
Why You Shouldn’t Wait to Contact a Personal Injury Attorney
Although California generally allows two years to file most personal injury lawsuits, waiting can seriously weaken your case.
Evidence can disappear over time, including:
- Surveillance video
- Accident scene conditions
- Witness recollections
- Vehicle damage
- Physical evidence
Insurance companies begin investigating claims immediately after an accident. Having an attorney involved early helps preserve evidence and protects your rights during settlement negotiations.
What Compensation Can You Recover?
If another person’s negligence caused your injuries, you may be entitled to recover compensation for both economic and non-economic damages.
Compensation may include:
Medical Expenses
- Emergency treatment
- Hospital bills
- Surgery
- Physical therapy
- Future medical care
- Prescription medications
Lost Income
You may recover compensation for:
- Lost wages
- Reduced earning capacity
- Future lost income
Pain and Suffering
California law may also allow recovery for:
- Physical pain
- Emotional distress
- Anxiety
- Permanent disability
- Loss of enjoyment of life
- Disfigurement
Every case is different, and the amount of compensation depends on the severity of your injuries and the circumstances surrounding the accident.
What Should You Do After a Personal Injury Accident?
If you’ve been injured because of someone else’s negligence, taking immediate action can strengthen your claim.
We recommend that you:
- Seek medical treatment immediately.
- Report the accident if necessary.
- Take photographs of the accident scene and your injuries.
- Collect witness information.
- Save all medical bills and records.
- Avoid discussing your accident on social media.
- Speak with an experienced California personal injury attorney before accepting an insurance settlement.
Insurance companies often try to settle claims quickly for less than their true value.
How Kinsler Law Helps Personal Injury Victims
At Kinsler Law, we represent injury victims throughout Oxnard, Ventura, Santa Paula, Camarillo, and throughout Ventura County.
Our legal team can help you:
- Investigate your accident
- Preserve important evidence
- Communicate with insurance companies
- Calculate your damages
- Negotiate a fair settlement
- Take your case to court if necessary
Our goal is to help you recover the compensation you deserve while allowing you to focus on your recovery.
Contact an Oxnard Personal Injury Lawyer Today
If you were injured in an accident, don’t wait until the statute of limitations expires to protect your rights.
Kinsler Law offers free consultations by phone or Zoom, making it easy to speak with an experienced attorney from wherever you are. We proudly serve clients throughout Oxnard, Ventura, Santa Paula, Camarillo, and the surrounding communities, and we provide legal services in both English and Spanish.
There are no upfront legal fees—you only pay if we recover compensation on your behalf.
Contact Kinsler Law today to discuss your case, understand the California statute of limitations, and take the first step toward protecting your right to compensation.