When it comes to filing an injury lawsuit, understanding the California statute of limitations is essential. This law defines how long you have to bring a claim after an accident. Missing the filing deadline can result in losing your right to recover damages, even if you have a strong case.
The statute of limitations sets a strict time limit for taking legal action. In California, personal injury victims typically have two years from the date of injury to file a lawsuit. If the injury wasn’t discovered right away, you generally have one year from the date of discovery instead.
Filing on time preserves your right to compensation. Delays can cause key evidence to disappear, witnesses to forget details, and your claim to be dismissed outright. Acting quickly ensures your attorney can build the strongest possible case.
Some circumstances can extend or pause (“toll”) the statute of limitations:
Minors: The clock doesn’t start until the injured person turns 18.
Defendant out of state: The period pauses until they return to California.
Claims against government entities: You must file a government claim within six months of the injury, followed by a lawsuit within a limited time if denied.
Because exceptions are complex, consulting an experienced attorney is the best way to confirm your specific deadline.
An experienced lawyer can identify which timeline applies, handle filings correctly, and protect your rights. At Colvin Accident Lawyers, we help clients throughout California navigate these deadlines and pursue maximum compensation for their injuries.
1. What if I file after the statute of limitations?
Your case will likely be dismissed, and you won’t be able to collect compensation.
2. Do all injury cases follow the same time limit?
Most do, but medical malpractice, product liability, and claims against the government have special rules.
3. Can the deadline be extended?
Yes, in limited cases—such as for minors, mental incapacity, or late discovery of injuries.
4. Does negotiating with insurance pause the deadline?
No. Settlement talks don’t stop the clock, so you must still file within the legal timeframe.
5. How can a lawyer help with timing?
Your attorney ensures all documents are filed correctly and before the deadline, safeguarding your right to compensation.
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