California citizens typically have a time limit in bringing civil claims after alleged wrongdoing by another person. This time limit is called the statute of limitations, and it is one of the most crucial pieces of car accidents and other personal injury cases.
Not adhering to the statute of limitations might sink your case, regardless of its underlying merits. The defendant will almost certainly ask the judge to dismiss your case if you start legal proceedings after the statute of limitations expires. Unless you present a valid reason why your lawsuit should continue, the judge may throw it out of court.
In most cases, the clock starts ticking right after the accident or incident occurs. For that reason (and others we’ll get into), acting with urgency if you believe you have a personal injury case is vital for future success. Your first action should be contacting an experienced and skilled personal injury attorney, but that’s only one step of the journey.
In the civil context, a statute of limitations is the amount of time someone has to bring a lawsuit or legal claim against the defendant (alleged wrongdoer). Broadly speaking, the statute of limitations countdown begins the day of the event—a car accident, slip-and-fall, or dog bite, to name a few examples.
On the surface, the statute of limitations might not seem fair to personal injury victims. After all, if someone’s actions caused injuries to another person or property damage, why should they get off the hook after only two years?
The statute of limitations exists to protect both plaintiffs and defendants. Plaintiffs deserve a fair legal process that involves fresh evidence. They might not realize how easy it can be for crucial evidence to get lost or destroyed. Witnesses might move away, their memories might fade, and evidence can simply become stale.
Conversely, society has accepted the premise that people shouldn’t have to live indefinitely with the specter of a lawsuit their entire lives. That is not meant to excuse the actions of someone who injures someone else. Rather, it’s meant to provide clarity for everyone so decades-old civil matters don’t come up out of the blue.
The statute of limitations for many types of civil cases, including personal injury claims, is explained in the California Code of Civil Procedure §312-365. The number you need to remember for personal injury claims is two—two years, to be more specific.
That’s how long you have from the accident or incident to file a lawsuit in California. The actual legal process will take as long as it needs to, but the important thing is that you initiate your claim on time.
In most cases where an injury is obvious, such as a car wreck or premises slip-and-fall that causes someone to suffer broken bones, the two-year countdown starts on the day of the accident. Some personal injury cases, however, can be a little murkier.
One notable exception to the two-year rule of thumb for California statute of limitations is the discovery rule. The discovery rule comes into play when the victim does not realize they suffered an injury or developed an illness until some time has passed.
For example, it might take weeks or months for someone to start feeling back pain after a car accident. Internal injuries, such as organ damage, may also not manifest right away.
Yet another condition that develops after a serious accident is post-traumatic stress disorder or PTSD. State law recognizes that the clock shouldn’t start ticking on the day of the accident if a reasonable person would not have known they suffered an injury right away.
Another important exception to the two-year statute of limitations rule is the minority rule. Young adults reaching the age of majority are generally allowed to bring any personal injury claims arising from accidents they suffered when they were younger than 18.
The two years start counting down the day they turn 18, though, which is why young adults should file any personal injury lawsuits before they reach the age of 20.
Tangentially related to the minority rule is the mental incapacity rule, which delays (“tolls”) the statute of limitations if the victim does not have the mental capacity to file a lawsuit in the immediate aftermath of an accident. Minors and those without mental incapacity do not themselves have the legal power to initiate legal actions.
Another situation we need to cover is wrongful death. The statute of limitations for bringing a wrongful death claim is two years from the person’s death. For example, the loved ones of someone who passed away one year after they sustained injuries in a car accident have three years from the date of the accident to file a wrongful death lawsuit.
Finally, the statute of limitations may be tolled if the defendant flees the state. California law allows for this because of the way defendants must be served notice that they are involved in a lawsuit. Plaintiffs’ legal teams must make every effort possible to serve papers to defendants, but plaintiffs won’t be penalized if the defendant flees California.
Failing to file a lawsuit within the statute of limitations usually means a judge will dismiss your case. Whether or not you have missed the statute of limitations for your claim, you should contact an attorney as soon as possible. A skilled personal injury lawyer may be able to convince the court that an exception is warranted in your case. Don’t count on this happening, though!
Yes, it varies by state. It can range from one year to six years after the accident, depending on what state you live in.
Tennessee and Kentucky, for instance, have a one-year statute of limitations for personal injury cases, although Kentucky extends it to two years for motor vehicle accidents. Maine and North Dakota allow victims six years to bring claims, and several states have four-year statutes of limitations. Ultimately, though, the time limit for bringing a personal injury claim can vary depending on the type of claim and the circumstances.
Personal injury victims don’t usually need to worry about judgment or award caps unless they’re seeking non-economic damages in a medical malpractice claim.
In 1975, California passed MICRA, which capped non-economic damages for medical malpractice claims. The 2025 caps are $430,000 for non-fatal cases and $600,000 for fatal cases. These caps will increase slightly each year until 2033 (unless lawmakers raise the caps again).
Capping non-economic damages, which can include pain and suffering, loss of enjoyment of life, and loss of companionship, might not seem fair to those whose lives have been permanently altered by medical malpractice.
Proponents of the law argue, however, that uncapping these damages will raise doctor’s insurance premiums and encourage doctors to order unnecessary testing (defensive medicine) solely to avoid lawsuits. These costs usually get passed down to anyone seeking medical care.
In addition to the two-year rule exceptions we already covered, there are some other variations you should know about.
The statute of limitations for California medical malpractice cases can be a little confusing. For one, you only have one year from the date you should have become aware of the potential medical malpractice. In other words, the clock starts ticking whenever a reasonable person in the same circumstances would have suspected they might have a medical malpractice claim.
Let’s say you don’t notice right after a procedure that a doctor may have committed medical malpractice. A three-year countdown starts the moment the malpractice happened, regardless of your awareness of the situation. California law provides that the statute of limitations for medical malpractice is the earlier of either:
The statute of limitations on California medical malpractice cases can also be tolled if:
One last wrinkle involves personal injury claims against government entities. In most cases, you have only six months to file an administrative claim against the proper entity after you suffered your injury. An administrative claim is not the same as a lawsuit.
The government generally has 45 days to respond to your administrative claim. If you wish to appeal the response, you have another six months from the date of the claim’s denial to file a lawsuit. You have two years from the date of your injury to file a claim if the government entity never responds to your administrative claim, but that is extremely rare.
Although we covered many common statutes of limitations Californians should know about in personal injury law; there are even more variations we did not cover. It’s easy to get confused about how long you have to file a lawsuit, which is just one reason why acting quickly after an accident is so important.
Another reason to show urgency after an injury is the importance of having timely, accurate evidence. People’s memories can fade, and paperwork can get lost in the weeks and months after accidents. Acting quickly can ensure you have solid evidence going into the legal process.
The immediate aftermath of a car accident, premises liability accident, or other incident causing serious personal injury can be overwhelming. It isn’t always clear which statute of limitations applies to your situation. You also have to handle doctor’s appointments, phone calls with insurance providers and the ever-increasing stack of bills.
Don’t walk this path alone. You deserve experienced and compassionate legal counsel who will fight for justice. Thompson Law has a long history of delivering results to clients, and we’d be more than happy to discuss handling your personal injury case. Get in touch with our team to get a true advocate on your side.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
