Waiting too long to pursue a personal injury matter can have serious consequences.
California law places deadlines on lawsuits. These deadlines are commonly called statutes of limitations. Once the applicable period expires, an injured person may lose the right to bring the claim, even when the underlying case would otherwise have been valid.
The General California Deadline
For many California claims involving injury caused by another person’s wrongful act or negligence, the general deadline is two years from the date of injury.
California Code of Civil Procedure section 335.1 establishes a two-year limitations period for an action involving injury to, or the death of, an individual caused by another person’s wrongful act or neglect.
However, not every matter follows the same deadline.
Claims Against Government Entities
Cases involving a city, county, public agency, government vehicle, public employee, or dangerous public property may require a separate administrative claim much sooner than an ordinary lawsuit.
Missing the government-claim deadline may prevent the injured person from proceeding. These cases require prompt review.
Injuries Discovered Later
In some situations, an injury or its cause is not immediately apparent.
A different calculation may apply when the injured person could not reasonably have discovered the injury at the time it occurred. Whether delayed discovery applies depends heavily on the circumstances.
It should never be assumed that the deadline has automatically been extended.
Claims Involving Minors
Special rules may affect claims involving children. The applicable deadline can depend on the child’s age, the type of claim, and the identity of the defendant.
Claims involving government entities or medical treatment may also follow different requirements.
Wrongful Death Claims
Wrongful death claims generally have deadlines of their own. Determining the starting date and the parties entitled to bring the case requires careful legal analysis.
Families should seek guidance promptly so important records and evidence can be preserved.
Why You Should Not Wait Until the Deadline
Even when substantial time remains, delay can make a case harder to prove.
Over time:
- Surveillance footage may be deleted
- Witnesses may become difficult to locate
- Memories may fade
- Vehicles or dangerous conditions may be repaired
- Records may become harder to obtain
- Insurance disputes may become more complicated
Beginning the investigation early allows evidence to be collected while it is still available.
Insurance Claims Do Not Necessarily Stop the Clock
Negotiating with an insurance company does not ordinarily mean that the legal filing deadline has disappeared.
A claim can remain under review while the statute of limitations continues to run. Verbal assurances from an adjuster should not be treated as confirmation that more time is available.
Different Claims Can Have Different Deadlines
A single incident may create several possible claims, and each may be governed by a different rule.
Examples include:
- Car and truck accidents
- Premises liability
- Dog bites
- Claims against government entities
- Wrongful death
- Medical negligence
- Claims involving minors
The correct deadline should be determined based on the specific facts rather than a general online estimate.
Speak With an Attorney as Soon as Possible
Prompt legal review can help identify the correct deadline, preserve evidence, and prevent avoidable problems.
Obsidian Injury Law helps injured people understand their rights and the steps required to protect a potential claim.
Request your free case review today.
This content is for general educational purposes only. It does not create an attorney-client relationship and should not be relied upon as legal advice.