Statute of Limitations Rules for Personal Injury in California

If you've suffered a personal injury in California, knowing the statute of limitations is crucial for protecting your legal rights.

The statute of limitations dictates how long you have to file a claim before losing the ability to seek compensation. Missing these deadlines can result in the court dismissing your case entirely.

General Statute of Limitations for Personal Injury in California

In California, the standard statute of limitations for personal injury claims is two years from the date of the incident or injury. If you fail to file within this time frame, your case will likely be barred.

However, numerous exceptions exist, making legal consultation essential to assess your specific situation.

Exceptions to the Standard Statute of Limitations

Delayed Discovery Rule

Some injuries do not present symptoms immediately. If a victim is unaware of their injury and its cause, the statute of limitations begins when they discover or should have discovered the harm.

Example: A person diagnosed with lung cancer may not learn until years later that exposure to asbestos was the cause. The statute begins at the time of discovery, not the initial exposure.

Government Claims

If your claim is against a government entity, you must file an administrative claim within six months of the incident. Missing this deadline could prevent you from filing a lawsuit later.

Medical Malpractice Cases

For medical malpractice, the statute of limitations is one year from the date the injury is discovered. However, if the injury is concealed, you must discover it within three years from the incident. Cases involving fraud or intentional concealment may extend this timeframe.

Tolling Provisions: Extending the Time Limit

Certain situations "pause" the statute of limitations, preventing it from running until a legal condition changes.

Minors

The statute generally does not start until a person turns 18 years old. However, limitations exist based on specific claims within California’s legal code.

Mental Disability

If a victim cannot make legal decisions due to a major mental disability, the statute of limitations is tolled until they regain legal capacity.

Equitable Tolling

Equitable tolling prevents the statute from running under specific legal circumstances where enforcing the deadline would result in injustice.

Example: A victim involved in one lawsuit may be allowed extra time to file a related claim that minimizes additional harm.

Special Cases of Tolling

Fraud or Intentional Concealment

If a healthcare provider commits fraud, conceals negligence, or leaves a foreign object inside a patient, the statute of limitations may be extended.

Advance or Partial Payments

Under California Insurance Code section 11583, if an insurer or responsible party makes partial payments toward damages, they must provide written notice of the statute of limitations. Failure to do so tolls the deadline until proper notice is given.

Final Thoughts: Protecting Your Rights

Navigating the statute of limitations for personal injury cases in California can be complex. Since exceptions and tolling provisions exist, seeking legal advice early ensures your claim stays valid. If you’re unsure about filing deadlines, consulting a personal injury attorney can help you avoid costly mistakes.

The Horowitz office charges no fees until you recover.  We have collected millions of dollars for our personal injury clients and provide the highest level of attention and care to your case.