California’s Statute of Limitations: Don’t Miss Your Chance to File a Personal Injury Claim

California’s Statute of Limitations: Don’t Miss Your Chance to File a Personal Injury Claim

• April 22, 2025
• Categories: Personal Injury

If you’ve been severely hurt in a car crash, worksite accident, serious fall, or other injury accident, your first concern, understandably, is seeking medical attention right away.  Your health and physical recovery are the top priority.  You may also be focused on your job, wanting to take as little time off work as possible to prevent loss of income.  While these things are extremely important, you also want to keep an eye on California’s statute of limitations and calculate how long you have to file a personal injury claim to seek compensation for the damages you have suffered.  If this window of opportunity closes, you will likely be barred by a judge from receiving any financial compensation at all.  So, don’t miss your chance to file a personal injury claim!

In California, the statute of limitations for personal injury is two (2) years from the date of the injury or the date when the injury was discovered, which could be weeks or months later.  Following are some exceptions and variations to this two-year time limit:

• Delayed Onset of Symptoms — In some types of injuries – such as TBI, organ damage, or internal bleeding – the injury might not be immediately apparent in the hours and days after a car crash or slip and fall accident.  A victim could feel fine moments after an accident only to collapse or have extreme headaches several weeks later.  In these cases, the clock on the statute of limitations starts when the injury is discovered, not on the day the accident happened.
• Suing the Government — There are different rules for suing the government with shorter time limits.  You have six (6) months to file a personal injury claim against a government entity in California.
• Property Damage – When it comes to recovering compensation for property damage arising from a personal injury accident – such as a totaled car in a collision – you have three (3) years from the date the damage occurred.
• Minors – The statute of limitations for minors is two (2) years from the date of their 18th birthday. That way, young people and teenagers have a fair chance to sue for damages after they reach adulthood.
• Mentally Incapacitated – For anyone who is mentally incapacitated after an injury accident – such as victims in a coma, those suffering severe traumatic brain injury, and others – the statute of limitations may be paused, or tolled, until the injured party regains mental capacity.  This protects their right to seek justice until they’re able to make legal decisions.
• Medical Malpractice – If the personal injury arose due to negligence during a medical procedure, hospitalization, or mistreatment at a nursing home, the statute of limitations is one (1) year from the date the patient discovers the injury, or three years from the date of the injury, whichever comes first.

Deadlines Are a Make-or-Break Issue

Why Acting Quickly is Crucial

The importance of California’s statute of limitations for personal injury claims cannot be overstated.  It really is a critical issue.  There are several reasons why acting quickly is crucial:

• A court won’t dismiss your case and bar you from recovering damages.
• Your attorney won’t be rushed in gathering evidence, interviewing witnesses, and building a strong case on your behalf.
• You and your family won’t have to endure the stress of trying to shove through a filing at the last minute.
• You won’t feel regret in the future for not having acted sooner and filing a more compelling claim.

With a skilled attorney in your corner, filing a personal injury claim can be orderly, well-researched, and methodical.  It doesn’t have to be chaotic and anxiety provoking.  That’s why it’s so important to choose a personal injury lawyer with decades of experience and a track record of success.

 

Why Choose Neale & Fhima

The Role of a Personal Injury Attorney

If you’re looking for a smart and tenacious personal injury lawyer to negotiate on your behalf with insurance companies, you’ve come to the right place.  Our outstanding client testimonials speak to our law firm’s skill and experience.  At Neale & Fhima, we don’t mess around and we don’t waste your time.  We understand that you feel the pressure of mounting medical bills, lost wages, and an uncertain future.  Here are some important reasons to choose Neale & Fhima to represent you:

• No Surprises. We don’t sugar-coat the facts.  We ‘ll tell you up front what you can expect from the legal process, what your case might be worth, and what the strengths and weaknesses of your claim are.  Then you can decide whether to hire us.
• Years of Experience. Our attorneys possess more than 40 years of combined experience representing clients throughout Southern California.
• We Know the Law. California law is complicated at best, and overwhelming at worst.  We’ll help you navigate the law, avoid pitfalls, and build a powerful legal claim.
• We Value Client Relationships. You matter to us.  High-volume law offices often think of clients as nothing more than a number on a case file.  We’re different. We like getting to know our clients and their families.

Get Your Free Consultation Today

If you’ve been injured in an accident, speak to a lawyer at Neale & Fhima today.  We’ll explain the role of a personal injury attorney, discuss California’s statute of limitations, assess the value of your case, and help you understand why acting quickly is crucial to your claim.  We’re also happy to answer any questions you have about timing, the legal process, evidence, and witness interviews.  We promise to fight aggressively to get the maximum compensation you deserve.  You’ll be in good hands – our attorneys have an outstanding record of recovering more than $50 million in rightful compensation for victims throughout Southern California.  For a free consultation about your case, call us at 888-407-2955.