What is the Statute of Limitations for a California Personal Injury Claim?

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05/5/2025 | Personal Injury Claim

If you’ve been injured in an accident in California, the clock starts ticking immediately, whether you’re ready for it or not.

The statute of limitations sets a firm deadline for how long you have to file a California personal injury claim. Once that window closes, your right to pursue compensation could be gone, no matter how serious your injuries are or how strong your case may be.

At JSM Injury Firm APC, we understand the impact timing has on your ability to recover damages. We know how to build your case, preserve key evidence, and act quickly, so you don’t lose the chance to get what you’re owed.

In this post, we’ll explain how the statute of limitations for personal injury claims works in California, which exceptions may apply, and how a skilled California personal injury lawyer can help protect your claim from the start.

What Is the Statute of Limitations?

The statute of limitations refers to the legal time limit for filing a personal injury lawsuit. In California, you typically have two years from the date of the injury to file a claim in civil court.

The time limit applies to most types of personal injury cases, including:

Car accidents

Slip and falls

Dog bites

Assault and battery

Product liability

Medical malpractice (with specific exceptions)

It’s important to note the rules differ for California personal injury claims against government entities (more on this later).

Why is the Statute of Limitations Important?

Legally, the statute of limitations can decide whether you receive compensation or walk away with nothing.

As soon as the deadline passes, you lose the legal right to hold the at-fault party accountable, even if your case is strong and your injuries are well-documented.

Insurance companies know this. If you wait too long, they know you’ve lost the ability to sue. That gives them little reason to offer a fair settlement; if they make an offer at all.

Working with a California personal injury attorney early in the process helps you avoid this risk. A lawyer will manage deadlines, secure documentation, and build your case while the evidence is still fresh.

Special Circumstances That Can Change the Deadline

While the statute of limitations is firm in most cases, there are certain exceptions where the clock may be paused or “tolled.” However, these situations are uncommon and must be supported with documentation.

1) Delayed Discovery of the Injury

If your injury wasn’t immediately noticeable, the timeline may begin on the date you discovered it, or the date when a reasonable person in your situation would have. This applies in some medical malpractice or toxic exposure cases where the harm isn’t immediately obvious.

2) Injured Minors

For injured minors, the statute of limitations may be paused until they turn 18. After that, the standard two-year window will likely begin.

3) Defendant Leaves the State

If the person or party responsible for your injury leaves California for a period after the accident, the clock may be suspended until they return. It helps prevent defendants from escaping liability by temporarily leaving the state.

4) Mental Capacity

In case the injured person is mentally incapacitated at the time of the injury, the statute may also be tolled till they regain the capacity to make legal decisions.

Our California personal injury attorneys can help you assess whether any tolling provisions are available for your specific circumstances.

Statute of Limitations for Government Claims in California

As previously mentioned, California personal injury claims involving government entities (for instance, public buildings or municipal vehicles) follow different rules.

You must file an administrative claim with the agency within six months of the incident. The agency then has 45 days to respond. If they deny your claim, you have six months from the date of the denial to file a lawsuit.

How a California Personal Injury Attorney Helps You Stay on Track

Filing a California personal injury claim is more involved than most people expect. You’ll need to gather medical records, collect evidence, track down witnesses, and sometimes bring in expert opinions. Trying to do all of that while recovering from an injury—and staying within the legal deadline—can quickly become overwhelming.

At JSM Injury Firm APC, we handle these challenges for you, so nothing falls through the cracks. Here’s how we help your case move forward.

We make sure your claim is filed within the statute of limitations.

We move quickly to collect accident reports, preserve physical evidence, and speak with witnesses.

We calculate your damages accurately, including medical bills, lost wages, future treatment needs, and pain and suffering.

We strengthen your position with insurers. Insurance companies know you’re serious when you have legal representation, which can lead to better settlement offers.

We’re prepared to go to trial if a fair settlement isn’t on the table.

The earlier you contact us, the better we can protect your rights and build a strong, timely case. Our goal is to take the pressure off your shoulders and let you focus on healing.

Don’t Wait. Talk to a California Personal Injury Lawyer Today

Time is not on your side after an accident. Two years may sound like a long time, but it can disappear quickly when you’re dealing with recovery, insurance paperwork, and financial stress.

Don’t gamble with your right to be compensated. If you’ve been hurt, consult with a lawyer right away to determine your legal options and protect your claim.

The California personal injury lawyers at JSM Injury Firm APC are here to help you take the next step. We’ll review your case, explain your rights, and make sure everything is handled before deadlines close the door on your claim.