Statute of Limitations for Personal Injury Claims in California: What You Need to Know

When you’ve been injured in an accident, the clock doesn’t just start ticking on your physical recovery—it also starts ticking on your legal rights. In California, the statute of limitations sets strict deadlines for filing personal injury claims, and missing that window can mean losing your right to seek compensation altogether. Whether you were injured in a car accident, experienced medical malpractice, or are pursuing a wrongful death claim, understanding these time limits is essential.

According to the National Center for State Courts, over 95% of personal injury cases are resolved through settlement before reaching trial—but only if filed in time. (Source). That’s why it’s so important to act quickly and strategically.

At State Law Firm, we help injured clients in Sherman Oaks and throughout California understand their legal rights, meet critical deadlines, and position themselves for meaningful recovery. As a boutique personal injury law firm led by a young team evolving into courtroom litigators, we’re not afraid to take on challenging cases—and we’re here to guide you through every step of the process.

In this article, we’ll walk you through the statute of limitations for different types of personal injury claims in California, explore the exceptions that may extend your filing deadline, and offer clear steps before time runs out on your right to seek justice.

Understanding the Statute of Limitations: A Crucial Aspect of Personal Injury Law

Regarding personal injury law in California, the statute of limitations is one of the most important legal concepts to understand. Simply put, it’s the legal deadline by which you must file your claim in court. Missing that window, the court will likely dismiss your case, regardless of how strong your evidence or serious your injuries may be.

The purpose of these time limits is to promote fairness. Evidence degrades, memories fade, and the law encourages timely resolution. But if you’re unfamiliar with the legal system, these rules can feel like hidden traps.

Pro Tip: Don’t wait until symptoms worsen or insurance disputes arise—start documenting and exploring your legal options as early as possible.

The Specific Time Limits for Different Types of Personal Injury Claims in California

Not all personal injury claims follow the same timeline. California’s statute of limitations varies based on the nature of the injury and who’s involved. Here’s a breakdown of the most common claims:

• General Personal Injury (e.g., car accidents, slips and falls):
  2 years from the date of injury.
• Medical Malpractice:
  1 year from the date of discovery (or when it should have been discovered), but no more than 3 years from the date of the injury.
• Wrongful Death:
  2 years from the date of the decedent’s death.
• Claims Against a Government Entity:
  6 months to file an administrative claim with the appropriate agency. If denied, you have six more months to file in court.
• Premises Liability:
  It usually follows the general 2-year rule unless it involves public property.

Each of these deadlines is strictly enforced. Filing even a day late can strip you of your chance to recover compensation for your injuries, medical bills, lost wages, and pain and suffering.

How the Statute of Limitations Affects Your Right to Compensation

Time can be your greatest enemy after an injury. If the statute of limitations expires before you file, you may permanently lose the right to pursue your claim, no matter how compelling your case is. This legal cut-off point can be devastating for victims who delay seeking help, often because they’re overwhelmed or unsure whether they have a case.

But you don’t have to navigate it alone. Early legal guidance can make all the difference in protecting your claim and preserving your rights.

Working with a personal injury attorney early means:

• Evidence is preserved while still fresh.
• Witnesses are easier to locate and interview.
• Medical documentation can be tied directly to the incident.

If you’ve been injured in a car accident or other incident, the State Law Firm team is ready to help you take that first step—before the clock runs out.

Exceptions to the Statute of Limitations in California: When Time Limits May Be Extended

There are limited but essential exceptions to California’s personal injury statute of limitations. These exceptions—known as tolling provisions—can pause or extend the filing deadline in certain situations:

• Minors: The statute of limitations is paused until the injured minor turns 18. From that point, the standard time limit begins to run.
• Discovery Rule: If you didn’t discover your injury right away (common in medical malpractice or toxic exposure cases), the clock may start from the date of discovery, not the date of the incident.
• Fraud, Deceit, or Concealment: The court may allow extra time if the at-fault party intentionally concealed their wrongdoing.
• Mental Incapacity or Imprisonment: Certain physical or mental conditions that prevent you from understanding your rights may also delay the statute.

Pro Tip: These exceptions are complex and fact-specific. An experienced attorney can determine whether any apply in your case, and how to assert them properly.

Navigating the Legal Process: Steps to Take Before the Statute of Limitations Expires on Your Claim

Time is not on your side when filing a personal injury claim. Here’s what you should do to stay ahead of the statute of limitations:

1. Get medical attention immediately.
   Your health comes first, and medical records become key evidence.
2. Document everything.
   Photos of the scene, injury logs, insurance paperwork, and witness contact info can strengthen your claim.
3. Track the date of injury and set reminders.
   Knowing your deadline is crucial—even a missed calendar entry can cost you.
4. Consult a personal injury lawyer early.
   They’ll guide you through insurance negotiations, evidence gathering, and court deadlines.
5. Avoid delays with government claims.
   These have much shorter timelines, so act fast if public property or agencies are involved.

Our team at State Law Firm knows how overwhelming this process can feel. That’s why we take the time to walk our clients through every step, whether they’re ready to settle or need to gear up for trial.