A statute of limitations sets a strict deadline for filing a lawsuit. In California, personal injury claims are subject to a time limit, which varies depending on the nature of the claim. Missing the personal injury claim deadline in California can result in forfeiture of your right to seek compensation.
You should consult with an experienced personal injury attorney as soon as possible to hold the negligent parties liable for maximum damages.
Standard Statute of Limitations for Personal Injury Claims in California
Under California Code of Civil Procedure Section 335.1, the standard statute of limitations for filing a personal injury lawsuit not involving a governmental entity is two years from the date of the injury. This applies to claims against persons or entities arising from incidents such as:
- Car accident or other auto accidents
- Slip and fall accidents
- Dog bites
- Product liability cases
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
If the injury isn’t immediately discovered, the law allows the plaintiff to file a claim within one year from the date the injury was discovered or reasonably should have been discovered through due diligence.
Special Rules for Government Claims
When filing a personal injury claim against a California government entity (such as a city, county, or state agency), different rules apply. It is essential that a determination be made early on that a governmental entity is not a potential defendant. Those types of defendants are not always obvious, and extensive investigation should be conducted in that regard.
Examples of entities requiring the filing of a governmental claim within the 6 month period could include certain hospitals, schools/school districts, Metropolitan Transit Authority (MTA), law enforcement, juvenile and correctional institutions, etc. Under California Government Code Section 911.2, an injured party must:
- File an administrative claim within six months (180 days) of the injury
- If the claim is denied, the plaintiff has six months from the date of denial to file a lawsuit
Failure to adhere to these strict deadlines under personal injury law in California can permanently bar an individual from seeking compensation.
Exceptions to the Standard Statute of Limitations
The Late Discovery Rule
In personal injury cases where an injury isn’t immediately apparent (e.g., internal organ injury, exposure to toxic substances, or a complication resulting from medical malpractice), the statute of limitations may begin when the injury is discovered, rather than when it occurred. Even in that scenario, however, there may be a maximum time cap for the presentation of the claim.
Different types of claims may have carved out provisions extending the limitations period when an injury is not immediately apparent, or has been concealed by the liable party. Regardless, If the liable party is identified after the passing of the statute of limitations, and the plaintiff attempts to Include them in the lawsuit on the basis of the Late Discovery Rule, chances are that attempt will be met with stiff opposition by the defense.
That scenario will impose the burden of proof on the plaintiff, wherein they will have to demonstrate that, despite acting reasonably and diligently, the identity of the defendant was not ascertainable prior to the passing of the limitations period; and that the plaintiff acted promptly and diligently upon learning the identity of the defendant.
Minors and Legal Disabilities
If the injured party is a minor (under 18 years old) or lacks legal capacity (e.g., due to a mental disability), the statute of limitations is tolled (paused) in cases not involving a governmental entity until the individual turns 18 or regains legal capacity. However, if the injury claim is against a government entity, the minor must still file an administrative claim within six months of the injury.
Defendant’s Absence from California
If the at-fault party leaves California after the injury but before a lawsuit is filed, the statute of limitations may be extended until the defendant returns to the state.
Wrongful Death Cases
For wrongful death claims not involving a governmental entity , the statute of limitations is generally two years from the date of death, but exceptions may apply based on the discovery rule or government liability rules.
Consequences of Missing the Statute of Limitations
Failing to file a lawsuit within the statutory period typically results in the court dismissing the case, leaving the injured party without legal recourse. However, some defendants may waive the statute of limitations defense under certain circumstances, but this is rare.
Frequently Asked Questions About California Personal Injury Statute of Limitations
Can the statute of limitations be extended if the defendant leaves California?
Yes. Under California Code of Civil Procedure (CCP) §351, if the defendant leaves the state after causing injury, the statute of limitations may be “tolled” (paused) during their absence. In other words, the defendant’s time of absence from the state may not count in the statute of limitations period. However, this provision is rarely used due to potential conflicts with constitutional due process rights.
What happens if the injured person is in a coma or mentally incapacitated after the accident?
If the plaintiff is mentally incapacitated or in a coma, the statute of limitations may be tolled under CCP §352(a). This tolling lasts until the individual regains legal capacity, but it generally cannot extend beyond two years after the incapacity ends.
If I didn’t know I was injured until years later, can I still file a lawsuit?
California follows the “Late Discovery Rule”, which delays the statute of limitations until the plaintiff discovers or reasonably should have discovered their injury and its cause. This is common in internal organ injury and toxic exposure cases. However, proving delayed discovery requires strong evidence.
What if I file a claim against the wrong party, but later find the correct defendant?
If a lawsuit is filed against the wrong defendant, the relation-back doctrine (CCP §474) may allow an amendment to name the correct party, but only if the initial filing was timely and the correction is made promptly after discovery. If that discovery of the proper defendant is made before the statute of limitations has passed, the courts are usually quite liberal in adding in the new party defendant.
However, If that discovery of the proper defendant is made after the statute of limitations has passed, the courts are much more critical of the context of the insertion of a new defendant. If there was no reasonable way for the Plaintiff to have ascertained the identity of the proper party prior to the statute of limitations date, that will enhance the likelihood of being granted the insertion of an additional party defendant.
Does the statute of limitations apply differently in wrongful death cases?
Yes. A wrongful death claim must be filed within two years from the date of death, not necessarily the date of the accident. To be safe, however, the lawsuit should be filed within the 2 year period following the date of the accident. If the death resulted from medical malpractice, a different deadline applies under CCP §340.5.
Can filing an insurance claim pause the statute of limitations?
No. In California personal injury cases, filing an insurance claim doesn’t toll the statute of limitations. Negotiating with insurers doesn’t extend your deadline to sue unless the insurer expressly agrees in writing. It should be noted, however, that an insurance carrier’s letter that your deadline to sue has been extended may be subject to interpretation and, therefore, risky.
In addition, if you rely on such an extension letter, and the statute of limitations deadline has passed, if it turns out that additional defendants need to be brought into the action, that could present a bar to suing those additional defendants, as they were not a party to the extension agreement. It is most prudent to file the lawsuit in a timely manner. That way, if additional defendants need to be brought into the action, mechanisms such as those provided in CCP §474 may be invoked.
Can a minor sue for personal injury years after the accident?
Yes. Under CCP §352(a), if the injured person was under 18 years old at the time of the accident, the statute of limitations is tolled until they turn 18. They then have two years from their 18th birthday to file a lawsuit. However, if the injury claim is against a government entity, the minor must still file an administrative claim within six months of the injury.
Although they lack the legal capacity to sue in court of law, minors may have their claims thoroughly and fairly adjudicated through a Guardian Ad Litem, who is usually a parent or legal guardian of the minor. The case can then be litigated fully with the Guardian Ad Litem making the general, client-based decisions on behalf of the minor. Courts will supervise any settlement of the minor’s claim through a hearing for a Petition for Approval of Compromise of Claim of Minor.
If the court deems the settlement to be fair, reasonable and in the minor’s best interests, the settlement will be approved, wherein the recovery funds (settlement or judgment) will be ordered by the court to be placed in a blocked account in a FDIC insured bank, to be held there until the minor reaches the age of majority, at which time the funds may be released to them.
What if the at-fault party dies before I file a lawsuit?
If the defendant dies before you can sue, the claim doesn’t automatically disappear. Instead, under California Probate Code §550-554, you can file a lawsuit against the deceased person’s estate. The timeline is strict—claims must typically be presented within one year of the defendant’s death, even if the regular statute of limitations is longer.
Can I sue a government entity for personal injury years later if they concealed the hazardous condition?
Potentially, yes. If the city or state government fraudulently concealed the dangerous condition that caused your injury, you may invoke the fraudulent concealment doctrine to extend the statute of limitations. However, this is difficult to prove and requires evidence of intentional deception by the government agency.
Does the statute of limitations apply differently for injuries caused by domestic violence or assault?
Yes. Under CCP §340.15, victims of domestic violence have three years to file a lawsuit against their abuser, starting from the last act of abuse. Notably, if the injury resulted from sexual assault, special rules apply, including potential extensions for delayed discovery.
Can I revive a dismissed personal injury lawsuit if I missed the statute of limitations?
In most personal injury cases, it isn’t possible to revive a legal claim after the statute of limitations has expired. But in rare cases, equitable tolling may allow the case to proceed despite a missed deadline.
Although rare, Courts may grant tolling if the plaintiff reasonably relied on misleading information, faced significant hardship, or was pursuing alternative legal remedies in good faith.
Can the statute of limitations be extended due to physical or mental incapacity?
Yes. If the injured party suffers from a physical or mental incapacity that prevents them from filing a claim, the statute of limitations can be tolled. Under CCP §352(a), if the plaintiff is mentally incapacitated or physically unable to manage their own affairs, the statute of limitations is suspended until they regain the ability to do so.
In that event, if relief is sought after the passing of the statute of limitations, the plaintiff will have the burden of proving a number of essential elements, including the incapacity, with viable evidence. Medical documentation may be necessary for that effort.
What if I was unaware of the full extent of my injury?
California’s discovery rule allows for the statute of limitations to be extended if the injured party was unaware of the injury’s full extent at the time of the accident. For example, if you discover a hidden injury or condition months or years after the accident, the statute of limitations begins when you discover the injury, or reasonably should have discovered it.
Special attention should be given to the facts and circumstances surrounding the claimed lack of awareness. If the plaintiff, through certain facts was essentially, put on “inquiry notice” of facts giving rise to the cause of action, the applicable statute of limitations period may be deemed to have commenced at that time.
Regardless, statutory laws may apply to specific causes of action, creating caps on the period of time within which to present a claim in the absence of having been aware of the facts giving rise to the cause of action.
Can a corporation be held liable even if its agent causes an injury years after the statute of limitations expires?
Yes. If an injury was caused by the negligence or intentional act of a corporate agent or employee, the statute of limitations for filing a claim against the corporation may not be bound by the expiration of time limits for individual agents. This is particularly important when dealing with business or product liability claims where the corporation’s ongoing liability could be applicable.
Is there a different statute of limitations for emotional distress claims?
In exceptional cases involving severe trauma or emotional distress caused by sexual harassment or sexual assault, the statute of limitations may be extended. California’s laws surrounding trauma-related emotional distress also provide extended timelines in some situations, particularly in sexual abuse cases under CCP §340.16.
That is in contrast to cases where there is no allegation of sexual assault, for example, where the emotional distress is the result of an physical injury. In that case, the statute of limitations is tied to the cause of action for which the emotional distress is a claimed harm.
Can the statute of limitations be extended if there was no clear understanding of who was at fault for the accident?
No. If the injured party doesn’t immediately know who is at fault for the accident, such as in hit-and-run situations or cases involving multiple parties, the statute of limitations is not extended. Instead, it may be preferable to file a lawsuit within the statute of limitations period, naming DOE defendants only. Then, the plaintiff may continue to investigate the matter to ascertain the identity of the hit and run motorist and, once successful, the named defendant may be brought into the action as a “Doe Defendant” in accordance with CCP 474.
Why Early Legal Representation from Our Personal Injury Lawyers at The Law Offices of Rosenstock and Azran Matters
In personal injury cases, acting quickly can make a difference in the outcome of your case. Our experienced personal injury lawyers understand the challenges you face after an accident, and we’re committed to providing you with the support, legal skills, and resources you need to ensure that your rights are protected from the very start.
Ensuring Proper Medical Attention
Our personal injury lawyers at The Law Offices of Rosenstock and Azran will help you locate reasonable, necessary and appropriate medical treatment for your injuries. If needed, our dedicated and compassionate team will help with the scheduling of appointments with medical professionals.
In catastrophic injury cases, we can make sure you’re referred to the right specialists, undergo necessary physical therapy, and get the rehabilitation services you need. Our team will also assist in coordinating your care and managing your medical appointments.
Gathering Critical Medical Records
Our lawyers will diligently gather and preserve your medical records to establish the full extent of your injuries, including any pain and suffering, mental anguish, and other damages. These records are critical to building a strong case that accurately represents the severity of your injuries, which will help maximize the compensation you’re entitled to.
Shielding You from Unfair Insurer Tactics
Insurance companies aren’t always on your side, despite what they may claim. They have their own interests in minimizing the amount they pay out for claims, often using tactics designed to pressure you into accepting a lowball settlement offer. These tactics can include asking you to provide recorded statements creating the possibility of taking your statements out of context and using them against you in a court of law; or by making unreasonable demands for quick resolutions.
When you have our personal injury lawyers on your side, we take the burden of dealing with the insurance company off your shoulders. We will shield you from these unfair insurer tactics by handling all communication and negotiations with the insurer on your behalf. This allows you to focus on your recovery and well-being without the added stress of dealing with insurance adjusters.
Swift Investigation to Collect and Preserve Evidence
After an accident, it’s important to gather and preserve evidence quickly, as critical details can get distorted or be lost over time. Insurance carriers for defendants are skilled at investigating accidents swiftly, but their goal isn’t to find the truth—it’s to limit their liability. Don’t rely solely on the defendant’s version of events or the defense’s investigation.
Our personal injury lawyers understand the importance of conducting a swift investigation into the circumstances of your case. We will mobilize our own investigation team to collect critical evidence before it’s lost or tampered with.
Whether it’s skid marks, photos and videos, witness statements, forensic evidence from the crash site, 911 call recordings, black box data, surveillance footage, or vehicle damage reports, we make sure all vital evidence is preserved and thoroughly examined.
Countering the Defendant’s Investigation
One of the most critical factors to remember is that the defendant’s insurance company and their lawyers have a vested interest in limiting their liability. If you delay contacting a lawyer, there’s a risk that their team will gather and control the evidence while you’re still recovering or grieving.
We have seen situations where the defendant provides an untruthful version of events, and the injured party isn’t even interviewed because they’re still in the hospital or dealing with other personal issues.
Matching the Insurer’s Rapid Response Teams
Many of the largest insurance companies have “rapid response teams” that are dispatched immediately after an accident occurs. These teams are on-site within hours to begin gathering evidence and crafting counterarguments.
We’ve seen insurers’ rapid response teams arrive before law enforcement has even finished their investigation. This gives them a head start in building a case that could undermine your claim.
By contacting us early, you can ensure that our lawyers are on the ground, investigating the incident, and securing evidence before the defendant’s insurers can begin building their counter strategy.
Get Our California Personal Injury Attorneys on Your Side
At The Law Offices of Rosenstock and Azran, we’re committed to providing you with compassionate and dedicated legal support from the moment you reach out to us. With our extensive experience, meticulous and detail oriented approach to the practice of law, and a proven track record since 1986, let us help you deal with the challenges of your personal injury claim and fight to recover the largest possible compensation you’re owed. To schedule your free consultation, call us at (818) 805-0422 or contact us online.