California Personal Injury Statute of Limitations [2025 Updated]

Understanding the statute of limitations is critical for anyone pursuing a personal injury claim in California. The statute of limitations provides very limited deadlines for lawsuits, and if you miss them, you lose the right to recover. The California personal injury statute of limitations provides a detailed list of the current deadlines in claims for personal injury, property damage, and government claims. Such deadlines play an extremely vital role in defending your rights and securing your trial.

Whether you’ve been injured in a car accident, slip and fall, or medical error, the first thing you need to know about your rights is what the statutes of limitations are. We have outlined some of the basics here.

General Personal Injury Claims

In California, a personal injury lawsuit is barred two years after the injury occurs. This applies to car accidents, slip and falls, and other negligent incidents. If you are not able to submit your claim within this period, you may lose your right to compensation.

The two-year timeline emphasizes having the resources to act early to gather evidence, name responsible parties, and mount a powerful defense. Some exceptions may either extend or reduce the timeline, for example, injuries to minors or claims against public agencies. Working with a skilled lawyer will make sure you are prepared for the law and your ability to seek reimbursement for medical bills, lost income, and pain and suffering.

Property Damage Claims

When it comes to property damage, including automobile repair or personal property damage, California has a three-year limitation period. This gives victims more time to identify the scope of their harm and seek reparation. Still, it’s crucial to act quickly enough to keep a record of any proof, including photographs of the damage or repair bills, to build your case.

If you miss this deadline, you are no longer able to pursue compensation for property damages even when the other person was obviously negligent. Having an attorney represent you is recommended so you can file within the appropriate time and make your way through the process to get reasonable compensation.

Government Entity Claims

In California, you have much less time to bring a personal injury or property damage claim against the government. All victims are required to make a claim with the appropriate government agency within six months of the event.

If the agency refuses to acknowledge the assertion, your time to file a lawsuit can be extended. These deadlines and procedures are very strict, so it’s important to work with an attorney familiar with government claims. If you fail to meet these criteria, you may lose your right to compensation.

Exceptions to the Statute of Limitations

Certain situations can extend or change the statute of limitations. For instance, for minors, the clock typically begins ticking once the victim is 18.

Likewise, if the damage does not immediately occur (as with medical negligence or toxic exposure), the statute of limitations can start on the date the harm was discovered or reasonably should have been found. Known as the “discovery rule,” this exception allows victims extra time to seek justice.

The more information you know about the deadlines and exceptions for your case, the faster you can make a claim. Working with a knowledgeable attorney can help you understand your options and defend your rights.

Why Quickly Acting Matters

When you have the option to file a personal injury lawsuit, even if the statute of limitations gives years of time to act, filing that claim as soon as possible can be crucial. Failure to move quickly leads to evidence loss, unavailable witnesses, and tarnished claims. Quick action also keeps medical bills, crash reports, and other important documents accessible.

Additionally, acting early helps your lawyer negotiate successfully with insurance companies and obtain a decent settlement. By seeking legal counsel immediately, you can secure your rights, make your case, and strive to recover the full extent of your damages. You can rely on Perry Personal Injury Attorneys to fight for the maximum compensation you deserve.

FAQs

Q: What Types of Claims Fall Under Personal Injury Statutes of Limitations?

A: The personal injury statute of limitations extends to cases involving negligence, such as car accidents, slip and falls, medical malpractice, and product liability. It even involves deliberate violence, such as assault or battery. Each type of claim may require special consideration, so it is recommended to ask an attorney about the specific deadline for your claim. Knowing the correct time frame is key to preserving your claim for compensation.

Q: Can Statutes of Limitations Be Paused or “Toll” in California?

A: Yes, some circumstances can put the statute of limitations on hold or “toll.” For instance, if the injured party becomes paralyzed or the at-fault party leaves California, the clock could come to an end. Occasionally, other events, such as military service or fraud, could extend the deadline. These exceptions are nuanced and need legal consideration before you can decide whether they apply to you. Working with a lawyer ensures that you don’t miss deadlines.

Q: How Does the Statute of Limitations Apply to Minors in Personal Injury Cases?

A: The statute of limitations doesn’t typically start for minors until they reach 18. This means that they are eligible to file a personal injury claim by their 20^th birthday. Exceptions may exist, though, including claims against governments that still have more lenient deadlines. It’s crucial to act promptly to preserve evidence and ensure a better chance of success, even if the statute is extended.

Q: Are There Special Deadlines for Filing a Medical Malpractice Claim

A: Yes, California does have strict regulations for medical malpractice claims. Victims typically have one year from the time they discovered the injury or three years from the date of the accident, whichever comes first. If the case involves a minor, that deadline may be extended. Considering the fact that medical malpractice cases are difficult, getting legal counsel is essential to get through these nuanced deadlines.

Contact Perry Personal Injury Lawyers

It is important to understand California’s personal injury statute of limitations so that you can safeguard your legal rights and obtain compensation for damages. Failure to meet these deadlines will risk your case, so you must act quickly. Here at Perry Personal Injury Lawyers, we can help you navigate this process, get your claim filed in time, and pursue justice. Get in touch with us today to set up a consultation to discuss your situation.