When you’ve been injured due to someone else’s negligence, your first priority is often recovery. However, it’s equally important to understand the legal time limits for taking action. In California, the law sets strict deadlines—known as the statute of limitations—by which personal injury claims must be filed. Missing this deadline can result in permanently losing your right to seek compensation. At Mortlock Law Group, we are committed to helping injured Californians protect their rights and navigate these timelines with clarity and confidence.
What Is a Statute of Limitations?
A statute of limitations is a legal rule that restricts the amount of time a person has to file a lawsuit after an incident occurs. In personal injury cases, it determines how long a victim has to bring a claim against the responsible party. The intent behind this rule is to ensure that claims are made while evidence is still fresh and that legal disputes are resolved within a reasonable timeframe.
General Statute of Limitations for Personal Injury in California
In most personal injury cases in California, the statute of limitations is two years from the date of the injury. This applies to common types of cases such as:
- Car accidents
- Slip and fall injuries
- Dog bites
- Assault and battery
- Wrongful death
If you do not file your claim within this two-year window, the court will typically dismiss your case, and you may be unable to recover any damages—no matter how strong your claim might have been.
Exceptions to the Rule: When the Clock Ticks Differently
There are several scenarios in which the statute of limitations may differ from the standard two-year period. These exceptions are crucial to understand, as they could either shorten or extend your filing window.
Claims Involving Government Entities
If your injury involves a city, county, or state government agency, you are required to file an administrative claim within six months of the injury. After submitting the claim, the government agency has 45 days to respond. If your claim is denied, you must file a lawsuit within six months from the date of denial. If no response is received, you have up to two years from the date of the injury to file your lawsuit.
Medical Malpractice Cases
Medical malpractice claims in California operate under a different set of rules. Victims must file within:
- One year from the date they discovered (or reasonably should have discovered) the injury, or
- Three years from the date the injury occurred—whichever comes first.
This deadline can be extended in cases involving fraud, intentional concealment, or the presence of a foreign object left in the body.
Cases Involving Minors
If the injured party is a minor (under 18 years old), the statute of limitations is tolled, or paused, until they reach adulthood. In most cases, this means the minor has until their 20th birthday (two years after turning 18) to file a personal injury lawsuit.
The Discovery Rule: When Injuries Aren’t Immediately Apparent
In some cases, injuries may not be immediately obvious. California law accounts for this through the “discovery rule,” which allows the statute of limitations to begin when the victim discovers, or reasonably should have discovered, that they were injured and that someone else’s actions may be responsible.
This rule is commonly applied in cases involving:
- Toxic exposure
- Medical negligence
- Defective products
However, invoking the discovery rule requires strong evidence, and it’s often scrutinized closely by the courts. That’s why it’s essential to consult with an experienced personal injury attorney who can properly assess the timeline of your case.
Tolling the Statute of Limitations
In addition to the exceptions listed above, the statute of limitations may also be tolled—or temporarily paused—under specific conditions. Common scenarios include:
Defendant’s Absence from the State
If the person responsible for your injury leaves the state of California, the clock may stop running until they return, since they cannot be served with a lawsuit while absent.
Mental Incapacity
If the victim is mentally incapacitated at the time of the injury, the statute of limitations may be tolled until the individual regains capacity.
Bankruptcy Proceedings
If the at-fault party files for bankruptcy, the automatic stay imposed during the bankruptcy process may toll the statute of limitations until the stay is lifted.
Why Timeliness Matters in Personal Injury Cases
Failing to file your personal injury claim within the applicable statute of limitations can result in more than just a denied lawsuit—it can mean the loss of your legal right to any compensation. Even if liability is clear and your injuries are well-documented, courts strictly enforce these deadlines. Insurance companies are also well aware of these limitations and are less likely to negotiate once your time to file has expired.
In some instances, individuals may delay filing because they believe their injuries are minor or they expect to recover quickly. Unfortunately, some injuries worsen over time or don’t fully manifest until weeks or months later. By that point, crucial evidence may have disappeared, and witnesses’ memories may have faded. Acting quickly not only preserves your legal rights—it also gives you the best chance of building a strong case.
Partner with Mortlock Law Group for Timely Legal Action
Navigating the statute of limitations for personal injury claims in California can be complex, especially when exceptions or special circumstances apply. At Mortlock Law Group, we are committed to helping you take timely and informed legal action. From initial consultation through case resolution, we provide strategic guidance tailored to your specific situation.
Whether you’ve suffered a car accident, slip and fall, or any other injury due to someone else’s negligence, we encourage you not to wait. Time is of the essence—and your right to compensation could depend on it.
Let Us Help You Protect Your Rights
At Mortlock Law Group, we understand how overwhelming a personal injury can be—physically, emotionally, and financially. Let us take the burden of legal timelines off your shoulders. Contact us today to schedule a free consultation. We’ll review your case, explain the relevant deadlines, and help ensure you don’t miss your window for justice.
