Don’t Miss Your Deadline: California’s Statutes of Limitations
In the legal world, time is your most valuable asset. California law sets strict deadlines, known as “statutes of limitations,” for how long you have to file a lawsuit after an accident. If a deadline is missed, the defendant may ask the court to dismiss the claim, even when liability appears strong. The exact deadline and any exception depend on the facts.
For most personal injury cases, such as car accidents or slip-and-falls, you have two years from the date of the injury to file a lawsuit. However, if your claim only involves damage to your vehicle or other personal property, the timeline is slightly longer at three years.
There are, however, critical exceptions that can drastically shorten or lengthen these timelines:
- Claims Against Government Entities: If your accident involved a city bus, a government vehicle, or a poorly maintained public road, you must file a formal administrative claim within six months. This is a much tighter window than a standard lawsuit.
- The Discovery Rule: If an injury wasn’t immediately apparent (common in medical malpractice or internal trauma), the clock may not start until you discovered—or reasonably should have discovered—the injury.
- Minors: A deadline may be tolled while an injured person is a minor, but important exceptions can apply. Do not assume every claim involving a child follows the same timetable.
Because evidence disappears and memories fade, the best practice is always to consult with a professional long before these deadlines approach.
Why the Filing Deadline Is Not the Only Clock That Matters
Even when the formal lawsuit deadline is months away, delay can weaken a claim. Video may be overwritten, vehicles and property may be repaired, witnesses can become difficult to locate, and an insurer may question a long gap in medical treatment. Starting the investigation early creates time to preserve evidence, identify every potentially responsible party, and evaluate insurance before a deadline becomes an emergency.
Information to Gather After an Injury
- The date, time, and location of the incident.
- Police, incident, or government-agency report numbers.
- Photographs, video, witness information, and insurance correspondence.
- Medical records, bills, wage-loss documents, and dates you discovered new symptoms.
Which Facts Can Change the Deadline?
An attorney evaluating a deadline will look at the type of claim, the date of injury, when the harm was or reasonably should have been discovered, the age and legal capacity of the injured person, and whether a public entity or special statute is involved. Claims involving medical treatment, wrongful death, government entities, or out-of-state parties may require a different analysis. Insurance-policy notice requirements can also apply even when the court filing deadline has not expired.
Do Not Assume an Exception Will Save a Late Claim
California Code of Civil Procedure section 335.1 generally provides two years for an action involving injury or death caused by another person’s wrongful act or neglect. Other statutes and exceptions can shorten, extend, or otherwise affect the time available. The safest approach is to obtain advice promptly and calculate the deadline from the specific facts rather than relying on a general online rule.
