Last updated on November 7th, 2026 at 07:42 pm
If you’ve decided to seek help from a personal injury lawyer, it is wise to contact one as soon as possible. This way, they can start working on your case without wasting any time.
Every state limits how long you have to file a personal injury case. In California, statutes of limitations are the laws that set this maximum time limit. If you’re suffering an injury due to the negligence of someone else, you can only file your injury case within the time limit set by state law.
If you fail to file a case within the specified time frame, you will not be able to receive any compensation for your injury.
So, what exactly is a statute of limitations? Here is what you should know about this crucial aspect of personal injury law:
- A statute of limitations is a state law that sets a time limit to file a personal injury case.
- If you file your case after the statute of limitations expires, the court will surely dismiss your case.
- After the statute of limitations expires, you will not get any compensation for your injury.
- When you hire a personal injury lawyer on time, they will keep a close eye on the statute of limitations and the lawsuit filing deadline.
Time Limits for Different Types of Personal Injury Cases
Personal Injury
The clock starts ticking from the moment you get injured in an accident. Although statutes of limitations can vary from state to state, in California, the time limit to file a case is two years from the date of the injury. After the specified time, the victim will not be able to get any compensation for their injury.
Medical Malpractice
Although it is a complex case to pursue, if you consult with an experienced attorney on time, you’ll be able to get compensation on time. In California, the statute of limitations for medical malpractice cases is around three years from the date of the injury or one year from the date the injury was discovered, whichever comes first. For mentally incapacitated patients, the time limit may extend depending on the situation. A personal injury lawyer has the full knowledge and experience to handle these situations.
Government Claims
If a city, county, state agency or other public entity may be responsible, such as for a crash with a city bus or a fall on a public sidewalk, there is a much earlier first step. You usually must file a written government claim with the agency within six months of the injury. The agency then has 45 days to respond. If it rejects the claim, you generally have six months from the date the rejection was mailed to file a lawsuit. If it never responds, you generally have up to two years from the injury. Claims against federal agencies follow separate federal rules. Source: the California Courts guide to government claims. For a step-by-step walkthrough, see our guide to California government injury claims and the six-month deadline.
Exceptions to the Statutes of Limitations
In California, statutes of limitations are fixed; however, there are still some exceptions to these time limits:
- Minority Tolling: If the injured person is under 18, the deadline is usually paused until they turn 18, and then the clock starts running again. Medical malpractice claims and claims against public agencies have their own rules for minors, so have a lawyer check the dates.
- Mental Incapacity: If the injured party is mentally incapacitated at the time of the injury, the statute of limitations may be delayed until they regain the ability to handle their own case.
- Wrongful Death Claim: This is a lawsuit that can be filed on behalf of a deceased loved one. Fatal claims are often filed in cases of wrongful death, where the death was caused by the negligence or wrongful act of another party. You can file a case to seek compensation for the damages caused by the death of a loved one. The general deadline to file a wrongful death lawsuit in California is two years from the date of death (Code of Civil Procedure §335.1, listed in the California Courts statute of limitations guide). If a public agency may be responsible, the six-month government claim deadline comes first.
- Onboard Incident Claim: This refers to an injury aboard a bus, train, ship or plane. If a public agency runs the bus or train, such as LA Metro, the six-month government claim deadline usually applies. Injuries on ships and planes can be governed by federal law, international treaties or the ticket’s terms, which can set different deadlines. Examples of on-board accidents include slips and falls, turbulence-related injuries on planes, or collisions involving ships or trains.
Importance of Timely Action
You must register your case within the time limits, also known as “issuing proceedings.” Depending on its complexity, your case may not be resolved within these years. When you hire a personal injury lawyer who takes action promptly, your chances of recovering compensation will increase. However, filing a lawsuit after the statute of limitations expires can result in your case being dismissed, and you may lose the opportunity to recover compensation for your injuries.
John W. Stenson Law Office Can Help
John W. Stenson Accident and Injury Lawyers in Los Angeles can help you if you’ve been hurt in an accident in California. We are here to assist you. We offer a thoughtful approach to personal injury cases. We help you get the compensation that you deserve while you concentrate on your recovery. Contact us today to learn how we can help get you the justice that you deserve.
Frequently Asked Questions
What Is the 5-Year Rule in California?
According to the 5-year rule in California, if a case has not gone to trial within 5 years of being filed, it can be automatically dismissed.
When speaking with a lawyer, bring the dates and use these questions about scope, responsibility and next steps.
