Life doesn’t hit a pause button when you’re injured in an accident. Between doctor’s visits, missed work, and mounting bills, there’s already enough to worry about. The last thing you need is to lose out on fair compensation simply because of a missed deadline. Understanding California’s filing deadlines for personal injury claims is crucial.
At Highway Law Group, we break down how long you have to file, what exceptions may apply, and why it’s best not to wait.
The Standard Two-Year Statute of Limitations
Under California Code of Civil Procedure Section 335.1, most personal injury cases—such as car accidents, slip-and-falls, and other negligence-based claims—must be filed within two years of the injury date. Miss this deadline, and the court may dismiss your case, barring you from pursuing compensation.
Real-World Example
You’re involved in a car accident on January 1, 2023. In most cases, you have until January 1, 2025, to file your lawsuit. If you file later, your claim could be thrown out, no matter how valid it is.
Exceptions That May Extend Your Deadline
While the two-year rule applies to most cases, there are important exceptions.
1. The “Discovery Rule”
Some injuries aren’t immediately apparent. In such cases, the statute of limitations may begin on the date you discovered—or reasonably should have discovered—the injury.
Example: You undergo routine surgery, but months later, you develop severe complications. A follow-up exam reveals that medical negligence caused your condition. The deadline to file may begin on the day your doctor confirms the issue, not the day of the surgery.
2. Claims Against a Government Entity
If your injury was caused by a government employee or on government property, special rules apply. Under California Government Code Section 911.2, you must file a formal claim with the responsible government agency within six months of the injury date. If the agency denies or ignores the claim, you usually have an additional six months to file a lawsuit.
Example: You’re injured in a city bus accident on March 1, 2023. You must file a government claim by September 1, 2023. If you miss that deadline, your case may never see a courtroom.
3. Minors and Legally Incapacitated Individuals
If the injured person is under 18 years old, the two-year statute of limitations generally starts on their 18th birthday. However, government claims still follow the strict six-month rule, making it essential to consult a lawyer quickly.
Example: A 16-year-old is injured in a car accident in 2023. They may have until age 20 to file a personal injury claim. But if a government entity is at fault, the six-month rule could still apply immediately.
Why You Shouldn’t Wait to File
Even if you have time, delaying your claim can hurt your case. Here’s why acting fast is in your best interest:
✅ Stronger Evidence: Surveillance footage, accident reports, and medical records are easier to obtain when requested early.
✅ Reliable Witness Testimony: Witnesses forget details over time. The sooner you collect statements, the more credible your case.
✅ Peace of Mind: Getting the legal process started early allows you to focus on recovery rather than rushing to meet a deadline.
What to Do After an Accident in California
- Seek Medical Attention: Your health comes first. Plus, medical records provide key evidence for your claim.
- Document the Scene: Take photos, gather witness contact info, and obtain official reports.
- Notify Your Insurance Company: Inform them of the accident, but be cautious about admitting fault.
- Consult a Personal Injury Attorney: An experienced lawyer can clarify deadlines, protect your rights, and maximize your compensation.
How Highway Law Group Can Help
At Highway Law Group, we don’t just handle cases—we fight for maximum compensation and ensure insurance companies don’t take advantage of our clients. Our approach includes:
- Thorough Investigations: Collecting key evidence to build a strong case.
- Strategic Negotiation: Using our deep understanding of California law and insurance tactics to secure the best outcome.
- Deadline Management: Keeping track of every critical deadline to protect your claim.
- Aggressive Representation: Fighting for you in negotiations and in court if needed.
Time Is Running Out—Act Now
The clock is ticking on your personal injury claim. If you or a loved one has been injured in California, don’t risk losing your right to compensation. Let us guide you through the legal process and fight for the settlement you deserve.
📞 Call us at 844-444-4929 for a free consultation with Highway Law Group. We’re here to help—don’t wait until it’s too late!
