If you’ve been injured in a car accident, slip and fall, or any other incident caused by someone else’s negligence, you may be focused on healing, not legal deadlines. But in California, time is not on your side when it comes to filing a personal injury lawsuit. Every injury case is subject to what’s called a statute of limitations—a legal time limit for taking action. Once that deadline passes, you may permanently lose your right to seek compensation, no matter how strong your case is.
Many injury victims don’t realize how fast time can run out. You may think you have plenty of time to “wait and see” or negotiate with the insurance company. But if you miss the legal filing window, even a valid and well-documented claim can be dismissed by the court. Insurance companies know this and may delay settlement talks, hoping the clock runs out before you take legal action.
In California, the standard time limit to file most personal injury lawsuits is two years from the date of the injury. But there are important exceptions that can shorten this time frame—sometimes to as little as six months—especially if a government agency is involved.
That’s why acting promptly is not just recommended—it’s essential.
A statute of limitations is a legal deadline for filing a lawsuit. It sets the maximum amount of time you have to take legal action after an injury or accident. If you try to file a claim after the deadline has passed, the court will almost certainly dismiss your case, no matter how strong your evidence is.
The law imposes these deadlines for a few important reasons:
Without these deadlines, claims could linger for years, making it difficult for defendants to defend themselves or for courts to sort through conflicting accounts long after the fact.
Statutes of limitations apply to many types of civil cases, such as:
For injury cases specifically, knowing which statute applies and when the clock starts ticking is vital. California has different rules depending on the type of case, who was involved, and even when the injury was discovered.
If you were injured in California due to someone else’s negligence, the law gives you a specific window of time to file a lawsuit. Under California Code of Civil Procedure § 335.1, you typically have two years from the date of the injury to file a personal injury claim in civil court.
This is the standard statute of limitations for most negligence-based personal injury cases in the state.
While two years may seem like plenty of time, it can go by faster than you think—especially if you're dealing with medical treatment, insurance delays, or uncertainty about your legal rights. Waiting too long can jeopardize your ability to build a strong case or recover compensation at all.
In some cases, the injury isn’t immediately obvious. Under California’s Discovery Rule, the statute of limitations may begin when you first discovered—or reasonably should have discovered—the injury and its cause.
You may not feel the effects of internal injuries or exposure to harmful substances until weeks or months after an incident. In these cases, the two-year clock starts from the date of discovery, not the date of the accident.
If your injury was caused by a public agency (such as a city, county, or state department), you face much shorter deadlines under California Government Code § 911.2.
If you slipped and fell on a broken sidewalk maintained by the city or were hit by a city vehicle, this exception applies. Failing to file the government claim on time can bar your case entirely.
California law recognizes that certain individuals may not be able to assert their rights immediately:
If a loved one passed away due to someone else’s negligence, California gives survivors two years from the date of death to file a wrongful death lawsuit.
This is not based on the date of injury, but on the date the person passed away, even if the death occurred sometime after the accident.
If you try to file a lawsuit after the deadline has passed, the court will likely dismiss your case immediately, no matter how serious your injury or how clearly the other party was at fault. Judges have little to no flexibility to grant exceptions once the statute of limitations has expired.
Even if your injuries are life-changing, you could lose your ability to recover damages for:
That means no financial help for current or future expenses, even if someone else caused your injury.
If the statute of limitations has expired, insurance companies have no legal obligation to settle your claim. In fact, they’ll likely refuse to continue any discussions at all, knowing you can no longer pursue the matter in court. You lose all leverage.
One of the most tragic outcomes we see is a client with a clear case—photographic evidence, witness support, medical records—who comes to us after the deadline has passed. No matter how solid the claim may have been, if it’s too late to file, there’s nothing the legal system can do.
If you’ve been injured in California, time is not on your side. Filing your personal injury claim within the legal time frame is one of the most critical steps you can take to protect your rights. No matter how clear the evidence or how severe your injuries, missing the statute of limitations could mean forfeiting your right to any compensation at all.
That’s why we urge you: don’t wait. Whether you’re dealing with a car accident, slip and fall, or a government-related injury, it’s essential to get trusted legal guidance as early as possible. The sooner you act, the more options you’ll have—and the stronger your case can be.
At Tim D. Wright Law, we offer free consultations to injury victims across California. We’ll evaluate your situation, explain your legal deadlines, and help you take action before it’s too late.
📞 Call Tim D. Wright Law for a FREE Case Review Today
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1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506
📞 Phone: (323) 379-9995
📧 Email: firm@timwrightlaw.com
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