In most California pedestrian accident cases, you have two years from the date of the accident to file a personal injury lawsuit. If a government entity may be responsible, the deadline can be much shorter, so it is important to act quickly.
Why the deadline matters
California’s filing deadline is strict. If you miss it, you may lose your right to recover compensation for medical bills, lost income, pain and suffering, and other damages.
This matters especially in busy areas like Irvine, where pedestrian collisions can involve drivers, public agencies, employers, or other third parties. The earlier you begin, the easier it is to preserve evidence and identify every responsible party.
General filing deadline
For most pedestrian accident claims in California:
- Personal injury claims. 2 years from the date of the accident.
- Wrongful death claims. 2 years from the date of death in many cases.
- Property damage only claims. Often, 3 years from the date of the incident.
The clock usually starts on the day the accident happens, not when you finish treatment or realize how serious your injuries are.
Shorter deadlines in some cases
Some claims must be filed much sooner:
- Claims against a government entity.
If a city, county, or public agency may be responsible, you usually must file a government claim within 6 months. - Claims involving minors.
If the injured person is under 18, the deadline may be paused until they become an adult. - Delayed discovery issues.
Rare situations may involve injuries that were not immediately apparent, but these cases are more limited.
What to do before time runs out
If you were hit while walking, take these steps as soon as possible:
- Get medical treatment and save every record.
- Report the crash and request a copy of the police report.
- Collect photos, witness names, and insurance information.
- Keep track of missed work and out-of-pocket costs.
- Speak with a pedestrian accident lawyer before the deadline gets close.
Irvine factors that can affect a claim
Pedestrian crashes in Irvine often happen near University Drive, Jamboree Road, Irvine Spectrum Center, and around UC Irvine. These areas can involve traffic cameras, heavy foot traffic, and multiple possible witnesses.
That makes fast investigation important. Surveillance video, signal timing, and witness statements may be lost if you wait too long.
Frequently Asked Questions
Does the two-year deadline apply to every pedestrian accident in California?
No. Most private injury claims follow the two-year rule, but claims involving government agencies have much shorter deadlines.
What if I did not know how serious my injury was right away?
The deadline usually still begins on the accident date, so you should get legal help quickly.
Can I still file if I was partially at fault?
Yes. California allows recovery even when you share some fault, but your compensation may be reduced.
What happens if I miss the deadline?
You may lose your right to file a lawsuit and recover compensation.
Should I wait until treatment is finished before filing?
No. You can begin the claim process while treatment continues, and waiting can put your case at risk.
Conclusion
In California, most pedestrian accident claims must be filed within two years, but some cases have much shorter deadlines. Acting early gives you the best chance to protect your rights and build a strong claim.
Experience the Difference with Ghassemi Law Group
Since 2022, Ghassemi Law Group has assisted accident victims throughout Irvine with local knowledge, legal expertise, and a client-focused approach. Their team-driven method ensures you work directly with experienced attorneys. To learn how Ghassemi Law Group can assist with your Irvine accident claim, please call +1 949-868-8686 or email info@ghassemilawgroup.com or visit their office at 3 Park Plaza, Suite #480, Irvine, CA 92614 to schedule your complimentary consultation. Regain your peace of mind and contact the team Irvine trusts for pedestrian accident representation.
