Statute of Limitations in California on Personal Injury Claims

If you have been in a car accident and are looking to hire a personal injury lawyer, it is important to understand the time limit of California’s statute of limitations. Most, if not all personal injury claims, whether it be a car accident, dog bite, slip-and-fall generally have a time limit of two (2) years from the date of injury (or discovery of injury). This means that you have two years to file a claim with the court. Below, we are going to go over the statute in more detail, as well as some exceptions to California’s personal injury statute of limitations.

California Personal Injury Statute of Limitations – Civil Code Section 335.1

We know that most people are not going to memorize or even remember civil codes. And that is okay. California Civil Code 335.1 is the official civil code for personal injury statute of limitations. It states that the injured party has “Within two years: an action for assault, battery, injury to, or for the death of, an individual caused by the wrongful act of another” to seek a lawsuit and or seek compensation for their injuries.

What Happens if You Miss the Deadline?

Filing a lawsuit or claim after more than two years have passed is almost guaranteed to have your case dismissed in court. This is one of the main reasons we always tell people to contact a personal injury lawyer immediately after they have been injured. You can lose the right to seek damages, no matter how severe your injuries, if you wait too long.

Take note that not only is it two years to file a lawsuit, but the filing deadline is crucial when your attorney is in settlement negotiations with the insurance company. Meaning, that your attorney has 2 years from the date of injury to settle your claim with the insurance company. Therefore, waiting too long to get in touch with an attorney can do more harm than good to your case. And your attorney may not have as much leverage for your case if the insurance company sees that you waited too long to file a claim.

Insurance adjusters and insurance companies are looking out for their best interests in every case. It is a part of their job. And when they see that you waited to file a claim or perhaps waited to seek treatment after your accident, they will use this to their advantage and will low-ball your settlement greatly.

The Exceptions to the California Statute of Limitations

Like anything, there are some exceptions to the statute of limitations rule. These rules are very specific and we have outlined them below:

• The persons injured did not discover and were not aware that they suffered from harm due to another. This is called the “delayed discovery” rule. This means that the clock on their statute of limitations will begin the day they discover their injuries were due to someone else’s negligent actions;
• The person injured was a minor (under 18 years of age) or they lack the capacity to make legal decisions on their own behalf at the time the incident occurred (hospitalized, next-of-kin, etc.);
• If the at-fault party leaves California after the accident and before a claim is filed and there is no insurance information at the time of the accident.
• If the claim is against a city, county, or government agency the statute of limitations is six months to file a claim and you have to adhere to very strict procedures;
  • As difficult as this may be to hear, a lot of personal injury attorneys have a hard time taking these cases because of the strict liability laws as well as the limited time to file a claim. It does not give you time to heal, seek treatment, etc. And it does not give your attorney enough time to get a claim together.

Filing a Personal Injury Claim Against a Government Entity

In California, you can pursue personal injury claims against local or state government entities, but the process differs from standard claims. To begin, your injury must result from the government entity’s negligence – such as being injured on/by poorly maintained government property or due to a government entity’s vehicle and/or equipment. Additionally, specific procedural steps must be followed.

Before filing a personal injury lawsuit, you are required to submit an administrative claim. This is a mandatory first step and must be completed within six months of the date of your injury. Once your claim is filed, the government entity has 45 days to respond.

If the entity does not respond within that time frame, you may proceed to file a lawsuit, adhering to the standard two-year statute of limitations from the date of your injury. However, if the entity denies your claim, you must file your lawsuit within six months of receiving the denial.

Medical Malpractice Lawsuit Time Limits

While medical malpractice falls under the broader category of personal injury, California law treats it as a distinct type of legal claim, subject to its own rules and limitations. Notably, medical malpractice cases have a shorter statute of limitations compared to general personal injury claims. You typically have one year from the date you discovered (or should have reasonably discovered) the injury caused by a healthcare provider’s negligence, rather than the two years allowed for other personal injury cases.

Additionally, medical malpractice claims come with unique restrictions and procedural requirements as well as recovery limitations. For instance, as of January 1, 2023, the cap on non-economic damages in medical malpractice cases increased from $250,000 to $350,000 for injury cases and $500,000 for wrongful death cases. These limits will rise annually by $40,000 for injury cases and $50,000 for wrongful death cases until they reach $750,000 and $1,000,000, respectively. After that, there will be 2% annual increases.

Plaintiffs are also often required to obtain expert testimony to establish that the healthcare provider’s actions fell below the accepted standard of care, which adds complexity to these claims.

Statute of Limitations Are Not Always Straightforward

Even with the law clearly stated, and the exceptions clearly outlined above there are always some exceptions to California’s statute of limitations for personal injury claims that fall outside the norm. You are still able to file a claim and seek a settlement under the exceptions, but your ability to recover may be reduced. You need to have a lawyer who has experience working with people injured due to the negligence of another. You need an attorney who is familiar with California’s personal injury statute of limitations and how to navigate and deal with insurance adjusters.

If you or a family member has been seriously injured in an accident or other incident and need to talk to a local personal injury lawyer in Orange County, do not hesitate to contact a personal injury law firm and get your questions answered today.