Understanding the Statute of Limitations in Los Angeles Injury Cases
If you’ve suffered an injury in Los Angeles, you may wonder how much time you have to take legal action. California has strict deadlines for filing personal injury claims, and missing them can drastically impact your ability to recover compensation. Many people search phrases like“missed personal injury deadline California” or“Can I still sue after the deadline in Los Angeles?” because the consequences aren’t always clear.
What Is the Personal Injury Deadline in California?
The legal time limit for filing a lawsuit is called thestatute of limitations. In most California personal injury cases, including car accidents, slip and falls, or pedestrian accidents:
- You havetwo years from the date of injury to file a lawsuit, under California Code of Civil Procedure § 335.1.
- If the injury was not discovered immediately, you haveone year from the date of discovery.
- Claims against government entities (such as city buses, public schools, or county hospitals) must be filed withinsix months using a government claim form, per California Government Code § 911.2.
This deadline applies to cases across Los Angeles County, fromSanta Monica toDowntown LA, and courts take it seriously.
What Happens If You File a Personal Injury Claim Late in California?
If you try to file your lawsuit after the statute of limitations has expired:
- The court will likely dismiss your case immediately.
- The defendant (insurance company, business, or individual) will raise the expired deadline as a defense.
- You lose your legal right to pursue compensation for medical bills, lost income, pain and suffering, or wrongful death damages.
This is why missing the statute is often described as losing your “ticket into court.”
Can I Still Sue After the Deadline in Los Angeles?
Sometimes, yes — but only if you meet specific legal exceptions. California courts recognize situations where fairness demands extra time:
- Delayed Discovery Rule: If you didn’t know you were injured right away (such as in toxic exposure or medical malpractice cases), the clock starts when you reasonably should have discovered the harm.
- Minor Victims: If the injured person is under 18, the deadline is paused until they turn 18, under CCP § 352.
- Defendant Leaves the State: If the at-fault party leaves California after the accident, the statute may pause until they return (CCP § 351).
- Fraud or Concealment: If the defendant hid their role in causing the injury, the deadline may be extended.
Still, these exceptions are narrow and require strong legal arguments.
Why California’s Injury Deadlines Are Strict
California courts enforce statutes of limitations to:
- Encourage victims to act promptly while the evidence is fresh.
- Prevent defendants from facing lawsuits years after an incident.
- Keep the court system efficient and predictable.
Insurance companies in Los Angeles are quick to deny claims once the deadline passes, which is why acting fast is essential.
Common Scenarios Where Deadlines Become a Problem
People often realize too late that time has run out. Some common scenarios include:
- A car accident victim focuses only on insurance claims and forgets to file a lawsuit.
- Someone hurt in a slip-and-fall accident assumes the property owner will negotiate fairly, only to be stonewalled until the statute of limitations expires.
- Families dealing with wrongful death delay seeking legal advice due to grief, missing the two-year filing period under CCP § 335.1.
- Injuries with delayed symptoms — like traumatic brain injuries or chemical exposure — remain unnoticed until years later.
In all these cases, missing theCalifornia statute of limitations for personal injury can result in the loss of compensation forever.
How an Attorney Can Help If You Missed the Deadline
Even if you think the deadline has passed, you should still talk to an attorney. A skilled Los Angeles personal injury lawyer can:
- Review your case for exceptions like delayed discovery or fraud.
- Determine whether a government claim extension applies.
- Explore alternative claims (such as product liability or breach of contract) that may have different deadlines under CCP §§ 337–339.
- Negotiate directly with insurance companies if court filing is no longer possible.
At LA Injury Lawyers, we’ve helped accident victims who thought they were out of options. With decades of combined experience and millions recovered in verdicts and settlements, we know how to navigate California’s complex legal deadlines.
If you’re unsure about your filing deadline, don’t wait another day. Contact our Los Angeles personal injury attorneys for a free case review. We charge no upfront fees — you only pay if we win.
How Deadlines Differ in Special Cases
Not all injury claims follow the same two-year rule. Here’s how deadlines differ:
- Medical Malpractice: Three years from the injury or one year from discovery, whichever comes first (CCP § 340.5).
- Wrongful Death: Two years from the date of death (CCP § 335.1).
- Product Liability: Generally, two years, but discovery rules may extend it.
- Government Claims: Six months to file a claim, then six months after rejection to file in court (California Government Code § 911.2).
Because Los Angeles is home to numerous government-run facilities (Metro buses, LAUSD schools, county hospitals), these short deadlines often come as a surprise to victims.
What You Risk by Waiting Too Long
Beyond losing your right to sue, waiting too long can also:
- Make it harder to prove fault since witnesses’ memories fade.
- Lead to lost or destroyed evidence like surveillance footage or accident reports.
- Give insurance companies more power to deny your claim.
In other words, time is your enemy in a California injury case.
Benefits of Acting Quickly After an Accident
Acting fast after an accident in Los Angeles allows your lawyer to:
- Collect police reports, video footage, and witness statements before they disappear.
- Connect you with trusted doctors who can document your injuries.
- Stop insurance companies from using delay tactics.
- Build a stronger case that maximizes compensation.
Quick action is often the difference between winning a fair settlement and getting nothing.
Real Experience Matters
Our firm has represented clients across Los Angeles — fromHollywood car crashes toSanta Monica pedestrian accidents — and we’ve recovered compensation even in cases where deadlines were nearly missed. We know how judges in the Los Angeles Superior Court view statute-of-limitations arguments and how to counter insurance company tactics.
Withdecades of combined legal experience and a reputation for aggressive representation, LA Injury Lawyers is the firm people turn to when the stakes are high.
If you believe you’vemissed your personal injury deadline in California, don’t assume your case is over. The law has exceptions, and a skilled Los Angeles injury attorney can determine your options.
Call us now at (818) 418-4000 for a free consultation!
Frequently Asked Questions
1. What happens if you file a personal injury claim late in California?
If you file after the statute of limitations expires, the court will likely dismiss your case, and you lose your right to compensation (CCP § 335.1).
2. Can I still sue after the deadline in Los Angeles?
In rare cases, yes. Exceptions like delayed discovery, fraud, or the victim being a minor may allow extra time.
3. Does the statute of limitations apply to insurance claims?
Insurance deadlines differ, but insurers often use the court deadline to pressure victims. Even if you file an insurance claim, you must still sue before the statute of limitations expires.
4. What if my injury symptoms showed up months later?
California’s delayed discovery rule may extend your deadline, but you must prove you couldn’t reasonably have discovered the injury earlier.
5. How soon should I contact a lawyer after an accident?
Immediately. An attorney can preserve evidence, calculate deadlines, and stop insurance companies from taking advantage of you.