When filing a car accident claim in California, time matters. Whether you seek compensation for medical bills, lost wages, or property damage, there is a strict legal deadline known as the statute of limitations. If you miss this deadline, your right to pursue legal action could be lost forever.
In this guide, we will explain the statute of limitations in California, how it applies to car accidents, and what you need to know if your crash occurred in Los Angeles. We will also cover essential exceptions and why speaking with an experienced Los Angeles car accident attorney can help protect your rights.
What Is the Statute of Limitations in California?
The statute of limitations is a legal deadline that dictates how long you must file a lawsuit after a specific event occurs. This time limit is critical in the context of personal injury and car accidents. If you try to file a claim after the statute of limitations has expired, the court will most likely dismiss your case.
Under California law, the standard statute of limitations for personal injury cases is two years from the date of the injury. That means if you are injured in a car crash on January 1, 2025, you typically have until January 1, 2027, to file a lawsuit. This rule applies to most car accident claims involving bodily injury and emotional distress.
The statute of limitations in California is designed to ensure that legal claims are pursued promptly. It also protects defendants from being sued many years after an incident, when evidence and memories may no longer be reliable.
How the Statute of Limitations Applies to Car Accidents in Los Angeles
The same California statute of limitations applies if your accident occurred in Los Angeles. The deadline to file a lawsuit is usually two years from the crash date. However, navigating the court system in a large metropolitan area like Los Angeles can come with added complexities, which makes it even more essential to take action early.
Sometimes, the timeline may not start on the exact accident date. For example, if your injuries were not immediately apparent, the statute of limitations may begin when you reasonably discovered them. This is known as the “discovery rule.”
Let’s say you were in a minor fender bender in Los Angeles and felt fine then. However, three months later, you are diagnosed with a concussion or neck injury linked to the accident. The clock may begin on the date of that diagnosis, rather than the date of the crash itself. While this exception exists, it can be challenging to prove. That is why having a knowledgeable car accident lawyer in Los Angeles is essential.
What Happens If You Miss the Deadline?
Failing to file your claim before the statute of limitations expires can have serious consequences. In most cases, the court will dismiss your lawsuit, and you will lose the right to pursue compensation. Insurance companies are also not required to negotiate or settle a claim after the legal deadline.
There are very few exceptions to this rule. One possible exception is if the injured party is a minor during the accident. In that case, the two-year period may begin on the victim’s 18th birthday. Another exception could involve cases where the defendant committed fraud or intentionally concealed information that delayed the victim’s ability to take legal action.
The bottom line is this: if you wait too long to file a claim, you risk losing everything. Do not rely on assumptions. Always consult a legal professional as soon as possible.
Why You Should Not Wait to File a Claim
Even if you believe you are well within the statute of limitations, waiting to take legal action can weaken your case. Evidence can degrade or disappear, witnesses can become difficult to locate, and memories fade with time.
Insurance companies are also more likely to question the severity of your injuries if you delay seeking medical treatment or filing a claim. They may argue that your injuries are unrelated to the accident or were exaggerated to seek compensation.
Filing your claim early allows your attorney to gather substantial evidence, including:
- Police reports
- Medical records
- Eyewitness statements
- Traffic camera or surveillance footage
- Expert witness evaluations
When you act quickly, your car accident lawyer in Los Angeles has a better chance of building a compelling case and negotiating a favorable settlement. Early action shows that you are serious about your claim and reduces the chance of complications from missed deadlines or missing information.
Special Situations Affecting Time Limits
While California’s standard statute of limitations for car accidents is two years, several exceptions can change this timeline. It is essential to understand these exceptions to avoid making an error that could jeopardize your case.
Claims Against Government Entities
The timeline is much shorter if your car accident involved a government vehicle or a hazardous road condition maintained by a city or state agency. Under California Government Code Section 911.2, you must file a notice of claim within six months of the accident. If this deadline is missed, you may not be able to sue the government entity responsible.
Cases Involving Minors
When the injured party is under 18, the statute of limitations does not begin until the minor turns 18. In these cases, the victim typically has until their 20th birthday to file a lawsuit.
Delayed Discovery of Injuries
As mentioned earlier, the discovery rule may extend the deadline if you did not immediately know you were injured. However, you must show no reason to suspect the injury earlier.
Wrongful Death from a Car Accident
If a loved one dies in a car accident, surviving family members may pursue a wrongful death claim. The statute of limitations in California for wrongful death is generally two years from the date of death, not necessarily the date of the accident.
Because each situation requires specific legal knowledge, it is best to speak with a Los Angeles car accident attorney to understand how these exceptions may apply to your case.
Do Not Lose Your Right to Compensation
If you were injured in a crash, the clock is ticking. Waiting to take legal action can put your entire claim at risk. Whether your case involves a straightforward injury or a more complex situation involving government entities or delayed discovery, LA Injury Lawyers is here to help.
We have helped clients across Los Angeles navigate complex legal rules and recover the compensation they deserve. Our team will ensure all filings are completed accurately and on time, while building a robust case that insurance companies cannot ignore.
Recent Results:
- $11 Million Settlement – Brain injury victim
- $10 Million Settlement – Car accident victim
- $8.2 Million Settlement – Motorcycle accident victim
- $7 Million Settlement – Back injury victim
Your case deserves attention, strategy, and urgency. Let us handle the legal complexities so that you can focus on recovery.
Call Us – (818) 539-5390
Address – 6200 Canoga Ave Suite 310, Woodland Hills, CA 91367
EMail Us – in**@*************rs.com
Frequently Asked Questions (FAQs)
- What is the statute of limitations for car accidents in California?
The standard time limit is two years from the date of the injury. Your case may be dismissed if you do not file within that period. - Can I file a lawsuit after two years have passed?
Only in limited circumstances, such as if the injured party is a minor or the injury was discovered later. Otherwise, the claim may be barred. - What if I were hit by a government vehicle?
You must file a notice of claim within six months. If you miss this deadline, you may be unable to take legal action. - Should I file a claim right away, even if I feel fine?
Yes. Some injuries are not immediately apparent. Filing early allows your lawyer to investigate thoroughly and protect your right to compensation. - How can a lawyer help with statute of limitations issues?
A lawyer will ensure you meet all legal deadlines, file the correct documents, and gather the necessary evidence to support your case.
