California Statute of Limitations for Personal Injury Claims

 

What Happens If You Miss California's Filing Deadline?

Typically, if you miss the statute of limitations you lose your right to pursue compensation through the civil system.

You have two years from the date of the accident to bring a lawsuit against the party (or parties) who should be held accountable for your injuries.

Limited Exceptions to the Filing Deadline in California

California law provides a few limited exceptions that can extend or shorten your filing deadline.

Each exception applies only under specific legal circumstances and you should consult a lawyer so you don't lose your right to seek compensation through the civil system.

• Injured Minors Under Age 18 In California statute of limitations does not run while the injured victim is under 18. Injured children have until their 20th birthday to file under California Code of Civil Procedure § 352(a). Parents can file on behalf of minor children, but the child keeps independent rights after turning 18.
• Hidden Injuries and Delayed Discovery The two-year clock starts when you discover the injury or reasonably should have discovered it. This typically applies to medical malpractice, toxic exposure, and latent injuries with delayed symptoms. You must prove you could not have discovered the injury earlier.
• Mental Incapacity Severe mental incapacity pauses the deadline under California Code of Civil Procedure § 352(a). Traumatic brain injury and court-adjudicated incompetence qualify. The clock resumes when competency returns or a guardian is appointed.
• Absent Defendants The statute tolls if the defendant leaves California or hides to avoid service of legal documents.
• Government Entity Claims You have less time to take legal action if it involves a government entity. California Government Code § 911.2 requires filing a written claim notice within 6 months of injury. Failing to meet the 6-month claim deadline typically bars your case permanently. This applies to state agencies, counties, cities, schools, transit authorities, and all public entities. The claim presentation process is separate from filing a lawsuit and has strict procedural requirements.

Don't wait to the last minute to get legal advice regarding the statute of limitations in your injury matter. Good attorneys still need time to investigate your claim and prepare your case.