Shaaban & Biedgoly
When you’ve been injured in a car accident or another type of personal injury incident in California, time is not on your side. One of the most critical rules to understand is the statute of limitations—a legal deadline that limits how long you have to file a lawsuit. Missing this deadline can mean losing your right to recover compensation, no matter how strong your case is.
In this article, we’ll break down California’s statute of limitations for personal injury cases, explain how it applies to car accidents and other claims, and highlight special exceptions you need to know about.
What Is the Statute of Limitations?
The statute of limitations is the legally defined time limit you have to bring a lawsuit in civil court. It exists to encourage timely claims, preserve evidence, and provide certainty for all parties involved.
If you file after the deadline, the court will almost always dismiss your case, and you will be barred from recovering damages—even if you clearly suffered serious injuries.
California’s General Rule for Personal Injury
Under California law:
- The statute of limitations for most personal injury claims is two years for bodily injury and three years for property damage from the date of the injury.
- This rule applies to car accidents, slip and fall accidents, motorcycle accidents, and many other injury cases.
For example, if you were in a car accident on January 1, 2025, you generally must file your personal injury lawsuit by January 1, 2027.
Statute of Limitations for Car Accident Claims
Car accidents are the most common source of personal injury lawsuits. California follows the two-year rule, but there are nuances depending on whether you’re pursuing damages for injuries or property damage.
- Bodily Injury: Two years from the date of the accident.
- Property Damage (vehicle repair or replacement): Three years from the date of the accident.
This means you could file a separate claim for your car repairs up to three years later, but your injury claim must still be filed within two years.
Exceptions and Special Circumstances
While the general rule is two years, several exceptions can extend—or in some cases shorten—the statute of limitations:
1. Claims Against Government Entities
If your accident involves a city, county, or state agency (such as being hit by a city bus), you must file a government claim within six months of the accident. If that claim is denied, you then have six months from the date of denial to file a lawsuit.
2. Minors
If the injured person is under 18, the statute of limitations is “tolled” (paused) until they reach adulthood. Once they turn 18, they have two years to file a personal injury lawsuit.
3. Delayed Discovery of Injuries
Sometimes injuries aren’t immediately apparent. California allows for the “discovery rule,” which means the statute of limitations begins when you knew—or reasonably should have known—that you were injured. This often comes into play with medical malpractice or toxic exposure cases.
4. Wrongful Death
If a personal injury results in death, the statute of limitations for a wrongful death lawsuit is two years from the date of death, which may differ from the date of the accident.
Why the Statute of Limitations Matters in a Personal Injury Case
Understanding the statute of limitations is crucial because:
- Evidence fades: Witnesses forget, and documents can be lost.
- Insurance leverage: Insurers know the deadlines and may stall negotiations hoping you miss the filing window.
- Court dismissal risk: If you file late, the case is usually dismissed outright, regardless of merit.
Steps to Protect Your Right to File
1. Seek Medical Treatment Immediately
Medical records establish the timeline of your injuries and serve as critical evidence.
2. Contact a Personal Injury Attorney Early
The sooner you hire an attorney, the sooner they can preserve evidence, interview witnesses, and file within deadlines.
3. Track Key Dates
Keep records of the accident date, any government claim deadlines, and all insurance communications.
4. Don’t Rely on Insurance Companies
Insurance adjusters won’t remind you about the statute of limitations. They may even delay negotiations to run out the clock.
Frequently Asked Questions
1. What happens if I miss the statute of limitations?
You almost always lose the right to file a lawsuit and recover damages.
2. Can I still settle with insurance if the statute has expired?
Once the statute has run, the insurance company has no legal obligation to pay. They may outright deny your claim.
3. Should I file right away?
Not necessarily. Many cases are settled before litigation. However, filing before the deadline ensures you keep your options open.
Example Scenario
Imagine you were injured in a car accident on June 1, 2024. You attempt to negotiate with the at-fault driver’s insurance company for nearly two years. On May 30, 2026, the insurer refuses to settle. If you haven’t filed a lawsuit, you only have two days left to protect your rights. Missing that deadline would prevent you from recovering compensation altogether.
Conclusion
California’s statute of limitations for personal injury cases is typically two years, but exceptions make it essential to evaluate your specific situation. Waiting too long to act could mean losing your right to recover damages for medical bills, lost wages, and pain and suffering.
At Shaaban & Biedgoly, we understand how overwhelming the aftermath of a car accident or personal injury can be. Our experienced team will ensure your case is filed on time and handled with the care it deserves.
If you’ve been injured in California, don’t wait—contact Shaaban & Biedgoly today for a free consultation and protect your legal rights before time runs out.