California personal injury victims are granted up to two years to file claims and seek compensation.
The California Code of Civil Procedure guarantees this time for victims to heal and assemble their cases.
CCP 335.1 Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
The Ticking Clock for Personal Injury Victims
Two years is the normal statute of limitations on cases if you were injured due to the negligence of someone else. That might be in a mishap like a car accident or a slip-and-fall at a store.
Wait longer than two years, and insurance companies for those at fault would have grounds to reject your case.
The two years is also extended to families who lose their loved ones in accidents. Family members would have two years to file a wrongful death claim.
The Exceptions to the 2-Year Statute of Limitations
There are some circumstances that might change or extend the two-year limit for victims.
These are some of the important exceptions to California’s statute of limitations codes:
- When an Injury is Discovered Later. In some cases, the countdown for the statute of limitations begins when someone learns of an injury from any accident, not the date of the accident itself. This would apply if someone was in a crash but didn’t realize they were hurt until a week later.
- Property Damage. If the victim only suffered property damage, for instance, a smashed car fender, the deadline to file a claim would be three years from the date of the accident.
- When a Child Victim Is Involved. Children have extended time to file if they need it. In California, their statute of limitations is paused. Their parents can help them file at any time, but the true deadline countdown starts when they turn 18. They have two years from their 18th birthday to seek support. See: The child injury statute of limitations explained.
- When filing against a public agency. If you were to file a claim against a city or county, the filing would usually need to come much sooner. Victims would need to notify the government entity within 6 months in many cases.
When You Might Need a Lawyer for Your Personal Injury Case
If your accident involves a serious injury or the tragic death of a loved one, it’s an excellent idea to have an experienced lawyer on your side. A list of serious injuries might include a broken bone, a neck or back injury, or a Traumatic Brain Injury (TBI).
Your Maison Law lawyer can help you meet all deadlines, even the tricky ones. Your lawyer blocks all insurance tactics that are meant to limit the injury support you receive. And a skilled lawyer would also often be able to win you much more in support. This is usually much more than you could win on your own.
Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims. If you do need our help, there are no upfront charges. In fact, we aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
