After an accident or injury, the hardship doesn’t stop after the pain of the situation itself.
You’re focused on recovering, paying medical bills, and managing daily responsibilities. Time passes faster than you expect, and before you know it, months have gone by. Many people don’t realize they’re working against the clock when it comes to filing a legal claim.
If you’ve discovered that your filing deadline may have passed, don’t panic. California law includes certain exceptions and special rules that can pause the clock under specific circumstances. In this article, we’ll walk you through what happens when deadlines expire, when exceptions might apply, and what you can do next.
The statute of limitations is a legal deadline that determines how long you have to file a lawsuit. Once this time period expires, courts will typically refuse to hear your case, no matter how strong your evidence may be.
California sets different time limits depending on the type of case:
These deadlines exist to protect defendants and help courts manage cases efficiently. Evidence disappears over time, witnesses’ memories fade, and documents get lost. Knowing your specific deadline early gives you time to build a strong case and protect your right to compensation.
Once the filing deadline passes, most courts will dismiss your case immediately. The defendant’s attorney will file a motion pointing out the expired statute, and the judge will have no choice but to close your case.
You lose your right to seek compensation through the legal system.
Insurance companies track these deadlines carefully. They know that once your time runs out, they have no reason to negotiate or offer any settlement. Their liability ends the moment the clock expires.
This reality feels crushing for injury victims who already face medical expenses, lost income, and physical pain. However, certain circumstances may pause or extend these deadlines. Understanding the exceptions can mean the difference between losing your case and getting the compensation you deserve.
California recognizes that strict deadlines don’t always account for real-life complications. The law includes a concept called “tolling,” which pauses the countdown under specific circumstances.
Tolling rules exist to protect fairness. If someone couldn’t reasonably have known about their injury, or if they were unable to file because of age or mental capacity, the law adjusts the timeline. However, judges apply these exceptions carefully. You need solid proof that your situation qualifies, and courts rarely grant extensions without strong supporting evidence.
Each exception comes with its own requirements and limitations. Understanding which one might apply to your case requires a close look at your specific facts and timeline.
Sometimes you don’t realize you’ve been injured right away. The delayed discovery rule starts the clock when you discover the harm, rather than when it actually occurred. This exception often applies in cases involving toxic exposure, hidden medical errors, or slowly developing conditions.
For example, someone exposed to asbestos at work might not develop symptoms for 20 years. The statute of limitations starts when they receive a diagnosis linking their illness to the exposure, rather than when the exposure first happened.
If an injured person is under 18 years old, the statute of limitations doesn’t begin until their 18th birthday. This gives young victims time to reach adulthood before they need to make legal decisions about their case.
A child injured in a car accident at age 10 would have until age 20 to file a personal injury lawsuit. This protection recognizes that minors can’t legally file lawsuits on their own behalf.
If you were mentally or physically unable to understand your legal rights and make decisions about filing, the clock may pause. This applies to situations like comas, severe brain injuries, or documented mental health conditions that prevent someone from managing their affairs.
Medical records and expert testimony usually need to prove that the incapacity was real and prevented you from acting on your claim.
If the person who caused your injury leaves California, the time they spend out of state doesn’t count against your filing deadline. The clock stops when they leave and restarts when they return.
This rule prevents defendants from running out the clock by simply avoiding California. However, you need proof of when they left and when they returned.
If the defendant intentionally hid evidence or lied about what happened to prevent you from discovering your injury, the deadline can be extended. This exception requires proof that the defendant actively concealed information, rather than simply staying quiet.
For instance, if a manufacturer knows their product causes harm but hides test results showing the danger, victims may have more time to file once they discover the truth.
Medical malpractice cases follow stricter rules than car accidents. Wrongful death claims have their own timeline. Claims against government entities require special paperwork before you can even file a lawsuit.
Never assume your case follows the standard two-year rule. The specific facts of your situation determine which deadline applies. A misdiagnosis case differs from a surgical error case. A slip and fall on private property has different rules than one at a county facility.
Getting the deadline wrong means losing your case before you even start. An attorney can identify the correct statute that applies to your specific situation.
Suing a government entity involves extra steps. California’s Tort Claims Act requires you to file an administrative claim within 6 months of your injury. The government agency then has time to review and respond. If they deny your claim, you have 6 months from that denial to file a lawsuit in court.
These shorter deadlines catch many people off guard. Missing the 6-month administrative filing window creates a serious problem. However, an attorney may be able to argue for a late filing under certain circumstances, such as medical incapacity or if the government provided misleading information about the process.
Government claim deadlines are strict, but legal counsel can review your situation to see if any equitable arguments might save your case.
In rare situations, judges allow late filings based on equitable considerations. These cases are difficult but not impossible. You would need to show extraordinary circumstances that prevented you from filing on time.
Examples include:
These exceptions require compelling evidence. Courts protect defendants’ rights to finality, so judges only grant extensions when the circumstances truly justify bending the rules. Strong documentation and credible testimony make the difference in these cases.
Don’t assume your case is over. Contact an attorney immediately to review your timeline and circumstances. Bring every document related to your injury:
An experienced attorney can determine if any tolling rule applies to your situation. They’ll review the exact dates, look for gaps in the timeline, and identify potential exceptions you might not know about.
Even if the standard deadline has passed, acting quickly preserves any remaining options. Waiting longer only makes the situation worse.
Attorneys spend years studying the complicated rules around filing deadlines. They know how to argue for tolling when your circumstances justify an exception.
More than that, they understand which evidence strengthens your argument and how to present it to a judge.
A lawyer can review your entire timeline and spot details you might miss. They’ll gather evidence to support any applicable exceptions and handle communications with insurance companies and defense attorneys. If filing a lawsuit is no longer possible, they can explore alternative paths to recovery.
Many personal injury lawyers work on contingency, which means they only get paid if you recover compensation. This arrangement allows injury victims to get quality legal help without upfront costs.
Having professional guidance gives you clarity about your situation and a realistic plan moving forward, rather than wondering about what might have been.
Realizing you might have missed a filing deadline feels overwhelming. You’re already dealing with injuries, expenses, and stress. The last thing you need is to lose your right to compensation over a technicality.
Help is still available. Thompson Law carefully reviews each case to determine if any exceptions apply. We explore every possible path to recovery and fight for our clients’ rights, even when deadlines have passed.
Contact Thompson Law for a FREE CONSULTATION to discuss your case and learn if an exception to California’s statute of limitations may apply. Don’t give up on your claim before speaking with an attorney who can evaluate your specific circumstances.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
