The statute of limitations is the legal deadline for filing a lawsuit. In California, personal injury claims are subject to strict time limits. If you miss the deadline, you may permanently lose your right to seek compensation.
The Azizi Firm helps California injury victims understand and comply with filing deadlines. Contact us as soon as possible after an injury to protect your legal rights.
Under California Code of Civil Procedure Section 335.1, the statute of limitations for most personal injury claims is 2 years from the date of the injury. This means you typically have 2 years from the date you were injured to file a lawsuit in court. If you do not file within this period, the court will almost certainly dismiss your case, and you will lose your right to seek compensation — regardless of how meritorious your claim is or how severe your injuries are. The 2-year rule applies to most personal injury claims including car accidents, slip and falls, dog bites, assault and battery, and other negligence-based claims. Other types of claims may have different deadlines.
Yes, different claims have different deadlines. Medical malpractice claims generally have a statute of limitations of 3 years from the date of injury or 1 year from the date the plaintiff discovered (or should have discovered) the injury, whichever comes first. Wrongful death claims must be filed within 2 years of the date of death. Claims against government entities have much shorter deadlines — you must file an administrative claim within 6 months of the injury for most government claims, and the statute of limitations for filing a lawsuit against a government entity is generally 6 months from the notice of rejection of the claim. Property damage claims have a 3-year statute of limitations. Products liability claims are generally 2 years from the injury.
The discovery rule is an important exception that can extend the statute of limitations. Under the discovery rule, the limitations period does not begin running until the plaintiff discovers — or reasonably should have discovered — their injury and its cause. This is particularly relevant in cases where injuries are not immediately apparent, such as medical malpractice where a surgical instrument was left inside a patient, or toxic exposure cases where illness develops years after exposure. In such cases, the limitations clock starts when the injury is discovered, not when it actually occurred. However, the discovery rule does not apply to all claims, and there are limits on how long a claim can be delayed. Courts also apply a reasonable diligence standard — if you should have discovered the injury earlier through reasonable diligence, the clock may have started then.
If the statute of limitations expires before you file your lawsuit, your case will almost certainly be dismissed by the court — regardless of how strong your evidence is, how severe your injuries are, or how clearly the defendant was at fault. The statute of limitations is a strict procedural bar. Once you file a lawsuit after the limitations period, the defendant will raise the statute of limitations as an affirmative defense and move to dismiss the case. Courts apply these deadlines rigorously, and exceptions are limited. This is why it is absolutely critical to consult with a personal injury attorney as soon as possible after an accident or injury to ensure your claim is timely filed.
Yes, under certain circumstances the statute of limitations can be tolled (paused or extended). Common tolling circumstances include: the plaintiff is a minor at the time of the injury (the clock generally does not start until the minor turns 18); the plaintiff is mentally incapacitated or legally insane; the defendant is out of state and cannot be served with a lawsuit; the defendant fraudulently concealed the injury or its cause; the parties have agreed to toll the statute (for example, during settlement negotiations); and certain statutory tolling provisions that apply in specific situations. However, tolling is the exception, not the rule. You should never count on a tolling exception to save your case — always assume the standard statute of limitations applies and act accordingly.
Claims against government entities (city, county, state, or federal) have significantly shorter and stricter deadlines than claims against private parties. For California state and local government entities, you must first file an administrative claim (also called a government tort claim) within 6 months of the date of injury. This is not a lawsuit but a prerequisite to filing one. If the government denies your claim, you then have 6 months from the date of the denial letter to file a lawsuit. If the government does not respond, the claim is deemed rejected 45 days after filing, and you have 2 years from the date of injury to file your lawsuit. Federal government claims under the Federal Tort Claims Act have an administrative claim deadline of 2 years from the injury and a 6-month deadline to file suit after denial. Missing these tight deadlines is fatal to a claim against the government.
Contacting a lawyer immediately after an injury is critical for several reasons. Evidence can disappear quickly — surveillance video may be overwritten, witnesses' memories fade, accident scenes change, and critical documents may be lost or destroyed. Your attorney needs time to properly investigate your case, identify all liable parties and available insurance, and gather and preserve evidence before it is lost. If your claim is against a government entity, the 6-month administrative claim deadline requires urgent action. Even in cases with 2-year statutes of limitations, the best evidence is collected in the days and weeks immediately following the incident. Additionally, early intervention by an attorney protects you from making statements to insurance adjusters that could damage your case.
Do not let the statute of limitations expire on your injury claim. Contact The Azizi Firm for a free consultation today. We ensure your claim is filed on time and fight for the compensation you deserve. Call (858) 829-3962.
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