If you or someone you love has suffered a personal injury in Los Angeles, whether from a car accident, slip and fall, medical negligence, or another form of negligence, time is not on your side. Under California law, there is a strict filing deadline for personal injury claims. Missing it can mean permanently losing your right to recover compensation.
This guide will explain how long you have to file a personal injury claim, the consequences of filing too late, and what steps you can take right now to preserve your rights.
Timing Matters in Every Personal Injury Case
When an injury occurs, your first focus is recovery. Seeking medical attention, managing emotional distress, and trying to return to normal life are understandable priorities. But if another party’s negligence caused your injuries, the clock starts ticking on your legal rights the moment the injury happened.
Filing a personal injury claim is the first step in recovering compensation for medical expenses, lost wages, rehabilitation costs, and non-economic damages like pain and suffering. But the law sets firm deadlines, and the legal system does not make exceptions simply because a victim was unaware of them.
Let’s break down what those time limits are and how you can act before it’s too late.
What Is the Legal Time Limit to File a Personal Injury Claim?
In most personal injury claims in California, you have up to two years from the date of the injury to file a lawsuit against the responsible party. This deadline is known as the statute of limitations, and it applies to cases involving:
- Car accidents
- Dog bites
- Slip and fall incidents
- Premises liability involving property owners
- Assault or battery that results in physical harm
- Many wrongful death claims
Failing to file a personal injury lawsuit within these two years can result in your claim being dismissed by the court. You will generally lose the right to pursue compensation, no matter how severe your injuries are or how apparent the other party’s fault may be.
Common Triggers for the Statute of Limitations
- Car accident: the date of the crash
- Slip and fall: the date of the incident
- Dog bite: the date of the bite
- Assault: the date of the act
- Wrongful death: the date the person passed away
- Medical malpractice: the date the injury was discovered or reasonably should have been discovered
The two-year rule applies to most personal injury cases, but exceptions do exist. In certain situations, the deadline may be shortened or extended depending on the facts.
Filing Timeline by Case Type: Quick Guide
| Type of Case | Time Limit to File |
| Car Accidents | 2 years |
| Slip and Fall | 2 years |
| Dog Bites | 2 years |
| Wrongful Death | 2 years from death |
| Medical Malpractice | 1 year from discovery / 3 years from injury |
| Government Entity Cases | 6 months to file an administrative claim |
What to Expect If You File Close to the Deadline
It is possible to file a claim near the end of the statute of limitations, but doing so creates legal and strategic complications.
Limited Time to Build a Strong Case
Filing close to the deadline leaves little room to:
- Collect witness statements
- Secure physical evidence
- Obtain and review medical records
- Investigate the accident and identify the at-fault party
- Evaluate damages and prepare for negotiations
Critical deadlines require careful attention and adequate time. When your legal team is forced to rush, the quality and strength of your case may be affected.
Insurance Companies Will Use the Clock Against You
Insurers are well aware of the timeline. If they know you are close to the filing deadline, they may:
- Delay communication
- Offer a quick but low settlement
- Refuse to negotiate fairly
With little or no time left to initiate a lawsuit, your leverage in settlement negotiations may disappear.
Higher Risk of Procedural Mistakes
If your case is filed incorrectly or incompletely and the deadline passes, the court may dismiss your case outright. There is usually no opportunity to correct late filings once the statute of limitations has expired.
Special Circumstances That Can Affect Filing Deadlines
While most personal injury claims follow a two-year rule, some claims fall into special categories with different timelines.
1. Government Entity Cases
When the at-fault party is a government agency, such as a city bus service or public works department, the timeline is much shorter. You must file an administrative claim within six months of the date of the injury. If the government denies the claim, you typically have six more months to file a lawsuit.
2. Medical Malpractice
Medical malpractice cases are governed by different rules:
- One year from the date of discovery of the injury
- Or three years from the date the injury occurred, whichever comes first
Additionally, you must provide a 90-day written notice to the medical provider before filing a lawsuit.
3. Delayed Discovery of Injury
Some injuries are not immediately apparent. These include internal injuries, repetitive stress injuries, or complications from a defective medical device. In such cases, California’s “discovery rule” may apply, and the statute of limitations may begin when the injury is discovered or should have been discovered with reasonable care.
4. Cases Involving Minors or Incapacitated Victims
If the injured party is a minor or mentally incapacitated, the clock may pause until they turn 18 or regain capacity. After that, the regular two-year statute typically begins.
Why You Should Not Wait to File a Personal Injury Claim
Even if you technically have time, filing a personal injury claim sooner provides several important advantages.
Preserving Evidence
The sooner your attorney begins investigating the case, the more likely they are to collect:
- Video surveillance footage
- Photographs of the scene
- Eyewitness statements
- Medical documentation that clearly links the injury to the event
Over time, this crucial evidence may be lost or degraded, weakening your claim.
Strengthening Your Insurance Claim
Filing early also improves the quality of your insurance claim. Your attorney can manage all communication, ensure nothing jeopardizes your case, and push for a fair settlement without delay.
Insurers are less likely to offer fair compensation if the claim was filed late or if documentation is lacking.
How a Personal Injury Attorney Helps You Meet Critical Deadlines
Navigating the legal process on your own is risky. A skilled personal injury attorney can:
- Confirm which statute of limitations applies to your case
- File all necessary paperwork within legal deadlines
- Help you gather evidence and medical records
- Identify the responsible party and prove liability
- Negotiate aggressively for a fair settlement
- Take your case to trial if needed
At LA Injury Lawyers, we have recovered millions of dollars for clients across Los Angeles. Our attorneys know how to handle even the most time-sensitive aspects of your case.
Our firm has secured:
- $11 million for a brain injury victim
- $10 million for a car accident case
- $8.2 million in a motorcycle accident
- $7 million for a severe back injury
We offer a free consultation and work on a contingency fee basis. You only pay if we win your case.
Take Legal Action Before It’s Too Late
The time to act is now. Every day you wait, the risk increases that you’ll miss a critical deadline or lose access to important evidence. Filing a personal injury claim may seem overwhelming, but with the right lawyer by your side, you can focus on healing while we handle the legal work.
Whether you were hurt on someone else’s property, struck by a vehicle, or harmed by medical negligence, you deserve to seek compensation. Let us help you protect your future.
Your Legal Time Limit Is Ticking; Don’t Miss It
Contact LA Injury Lawyers today for a free consultation. Our team is standing by to review your case, explain your legal options, and ensure you meet every deadline.
📞 (818) 539-5390
📧 in**@*************rs.com
📍 6200 Canoga Ave Suite 310, Woodland Hills, CA 91367
Schedule Your Free Case Review
Frequently Asked Questions (FAQs)
1. How long do I have to file a personal injury claim in Los Angeles?
You typically have up to two years from the date the injury occurred. For government claims or medical malpractice, the deadlines may be shorter.
2. What if I didn’t discover my injury right away?
In some cases, the statute of limitations may start from the date you discovered the injury. This is known as the “discovery rule.”
3. Can a lawyer help me determine my filing deadline?
Yes. An experienced personal injury lawyer can evaluate your case, identify any exceptions, and ensure that you meet all legal deadlines.
4. What if I were injured by a government agency or employee?
You have only six months to file an administrative claim. If denied, you then have six months to file a personal injury lawsuit.
5. What happens if I file too late?
If you miss the statute of limitations, the court will likely dismiss your case, and you will lose your right to recover damages.
