If you miss the filing deadline for a claim, the court will almost certainly dismiss your case, and you’ll lose the right to seek compensation for your losses. Because these deadlines are strict, it’s important to identify yours as soon as possible after an injury. Reach out to our Bakersfield personal injury attorneys for legal assistance.
Understanding California’s Statute of Limitations for Civil Claims
A statute of limitations sets the window of time you have to file a lawsuit. Under California Code of Civil Procedure § 335.1, you have two years from the date of your injury to file a personal injury lawsuit. For wrongful death claims, the two-year period begins on the date of death.
Other types of claims follow different timelines. Property damage claims allow three years to file, while medical malpractice claims must be filed within three years of the injury or one year after you discover it, whichever comes first.
The Consequences of Filing a Lawsuit After the Deadline Has Passed
California courts strictly enforce these deadlines. If you file late, the defendant will ask the court to dismiss your case, and a judge will likely grant that request regardless of how strong your evidence is or how serious your injuries are. You would lose the ability to recover compensation for medical bills, lost income, property damage, and pain and suffering. An expired deadline also weakens your leverage in settlement talks; the insurance company no longer faces the threat of a lawsuit, so it has little reason to offer a fair settlement or to negotiate at all.
Exceptions That May Extend Your Time to File
In certain situations, California law tolls, or pauses, the statute of limitations. These exceptions are narrow and depend heavily on the circumstances of your case. Situations that may extend your deadline include:
- The injured person was under 18, in which case the clock starts on their 18th birthday.
- The injured person lacked the legal capacity to make decisions when the injury occurred.
- You couldn’t reasonably have discovered your injury or its cause right away.
- The at-fault party left California after the incident.
- You were incarcerated when the claim arose, which may pause the deadline for up to two years.
Shorter Deadlines for Claims Against Government Entities in California
If a city, county, school district, or state agency caused your injury, the timeline is much shorter. Under California Government Code § 911.2, you must file a formal administrative claim with the responsible agency within six months of the injury. You must complete this step before filing a personal injury lawsuit. If the agency rejects your claim, you have six months from the date of the written rejection notice to file a lawsuit.
Worried You’re Running Out of Time? Speak with a California Injury Attorney Now
Filing deadlines can pass quickly while you’re focused on medical appointments and getting through each day. At Rodriguez & Associates, we can identify every deadline that applies to your claim and take action to protect your right to compensation. Schedule a free case review with our Bakersfield car accident attorneys to learn where your case stands.