Car Accident Statute of Limitations in California

You may have heard that California gives you ‘two years’ to file a personal injury claim after a car accident.

While this can be true, the reality is more complex than a simple rule. The only person who can determine your specific deadline is an attorney who knows the unique facts of your case. Front desk staff, insurance adjusters, or well-meaning friends cannot provide this critical legal guidance.

Every case has different circumstances that can affect these time limits, and missing your deadline could mean losing your right to compensation forever.

If you’re filing a claim for personal injury in California, you generally have two (2) years from the date of the injury to file a claim, with a few exceptions. Once the statute of limitations expires your matter may not be brought to court.

If you are injured in a car accident, your immediate focus should be on seeking appropriate medical attention and following your doctor’s orders for rest and recovery.

In many situations, car accident injuries prevent victims from working or engaging in regular activities for some time while they heal. This can make it difficult to think about anything besides your injuries and your physical health.

However, as you recover and undergo treatment, your medical bills may begin to pile up and become stressful and concerning. In addition, if you cannot work, losing income can increase your financial worries.

For these reasons, you may begin thinking about how to recover financially from your losses. However, if you cannot work or move around easily, you may be hesitant to call an attorney until you feel better.

Many people also worry about the cost of a lawyer and, therefore, put off picking up the phone. What you may not realize is that you only have a limited amount of time to file a claim in California due to the statutes of limitations set out in state law.

What are the Statutes of Limitations?

“Statutes of limitations” are laws that set forth the period within which you may file a particular legal claim. Different types of legal cases have their statutes of limitations, from personal injury to criminal to breach of contract claims.

For a claim arising from a car accident, you will need to comply with the statute of limitations for either personal injury or wrongful death claims, depending on the circumstances.

To complicate things further, each state has different time limits, so you must seek assistance from an attorney who is specifically familiar with the statute of limitations that applies to your case under California law.

How Long do you Have to File a Claim After A Car Accident?

California’s personal injury statute of limitations is typically two years, but numerous exceptions and factors can affect this deadline. An attorney must review your specific circumstances to determine your deadline. If you are outside of California you will have to check with your local jurisdiction.

Common Exceptions to California’s Car Accident Statute of Limitations

While California’s statute of limitations laws provide general timeframes, several important exceptions can significantly affect your filing deadline. Only an experienced car accident attorney can determine which exceptions apply to your specific case and calculate your exact deadline.

Car Accident Claims Involving Minors

When a car accident victim is under 18 years old, California law typically tolls (pauses) the statute of limitations until the minor reaches their 18th birthday. However, the specific rules governing minor injury claims are complex and depend on various factors including:

• The severity of the injuries
• Whether a guardian was appointed
• How the case was initially handled
• Whether any settlements were previously reached

Legal Analysis Required: An attorney must review the specific circumstances to determine the exact filing deadline for minor car accident victims.

Delayed Discovery of Car Accident Injuries

Some car accident injuries don’t manifest symptoms immediately after the collision. Conditions like traumatic brain injuries, herniated discs, or internal injuries may not be apparent for days, weeks, or even months after a California car accident.

When injuries are discovered later, the “discovery rule” may apply, potentially extending the filing deadline. However, determining when this rule applies involves complex legal analysis of:

• Medical documentation of when symptoms first appeared
• Whether the injury could reasonably have been discovered earlier
• The connection between the accident and the delayed-onset injury

Proving causation becomes more challenging with delayed discovery cases, making immediate legal consultation crucial.

California Wrongful Death Claims from Car Accidents

When a car accident results in death, surviving family members typically have different filing deadlines that may not align with the accident date. For example:

• If someone dies immediately in the crash, the deadline may run from the date of death
• If someone survives in a coma for months before dying from accident-related injuries, the deadline may run from the actual date of death, not the accident date

Wrongful death statute of limitations calculations require careful legal analysis of the specific circumstances surrounding both the accident and the death.

Property Damage Claims from Car Accidents

California car accident cases involving only property damage (no personal injuries) typically follow different timing rules than personal injury claims. However, various factors can affect these deadlines, including:

• Whether personal injuries were initially apparent
• Insurance policy requirements and deadlines
• The extent and discovery timeline of vehicle damage

Why You Need Legal Guidance for Statute of Limitations Questions

These examples illustrate why generic timeframes cannot substitute for personalized legal advice. Every car accident case involves unique circumstances that can dramatically affect filing deadlines. Factors that may impact your specific deadline include:

• Your age at the time of the accident
• When you discovered your injuries
• The type and severity of your injuries
• Whether death occurred and when
• Previous legal actions or settlements
• Insurance policy requirements

Don’t Risk Missing Your Deadline: Contact an experienced California car accident attorney immediately to determine your specific filing deadline. What you’ve read online or heard from others cannot replace professional legal analysis of your unique situation.

What About Compensation for Future Losses?

Following a car accident, the full value of your losses may not be readily apparent. Many accidents result in injuries that have long-lasting effects and require ongoing treatment for years or even for the rest of your life.

Many injured victims wonder how it is possible to file a claim within two years of the injury if they do not yet know how much the injury will ultimately cost them. Fortunately, the law allows you to seek compensation not only for the losses you have already incurred but also for the demonstrable losses you estimate you will incur in the future.

In situations involving severe and lasting injuries or permanent disabilities, it is critical to have an attorney handling your case who understands how to accurately estimate and prove future losses. It is not enough to simply guess regarding future losses; instead, such determinations can involve complex calculations based on many different factors including:

• The nature and severity of your injuries;
• The amount of treatment your doctors believe you will need with costs adjusted for estimated inflation over time;
• Whether you sustained impairments that prevent you from working and whether you will ever be able to return to work;
• Your age and relative health before the accident;
• Your earning capacity and life expectancy;
• The income and benefits you received before your injuries.

Such calculations often require the help of economic, occupational, and medical experts. Your attorney should have the resources needed to make these calculations so you can claim the full amount you deserve despite the statute of limitations.

Filing a Timely Insurance Claim

Some insurance policies have time limits within which you must file a claim following an accident. You should not wait too long to file such an insurance claim, in any event. While the California statute of limitations applies to lawsuits and not to insurance claims, you should always keep these statutory time limits in mind. Insurance negotiations can take weeks or months; you want to be sure you have plenty of time to prepare and file a legal claim if insurance settlement negotiations do not result in an adequate settlement offer.

Understanding the statute of limitations is crucial for anyone involved in a car accident in California. Don’t risk losing your right to seek compensation for your injuries and losses. If you have been involved in a car accident, contact GJEL Accident Attorneys today for a free consultation.

Our experienced legal team can help you navigate the complexities of the legal process, ensure your claim is filed on time, and fight for the maximum compensation you deserve. We are here to protect your rights and help you move forward after a car accident.

Contact an Experienced California Car Accident Attorney Today

Lawsuits take time to investigate and prepare, so you never want to wait until the very last minute to consult with a personal injury attorney about your car accident claim. Please do not hesitate to call GJEL Accident Attorneys at 866-218-3776 for a free consultation so we can begin working on your case.

Because these deadlines are so critical and case-specific, we strongly recommend consulting with an experienced attorney as soon as possible after your accident. During a consultation, an attorney can review the specific details of your situation—including when the accident occurred, when injuries were discovered, your age, and other relevant factors—to determine your exact filing deadline.

Important Legal Notice: The information above provides general guidance only. Every case is unique, and various factors can affect filing deadlines. Only a qualified attorney who has reviewed the specific facts of your case can determine your actual deadline. Do not rely on general information when making critical legal decisions.