Missing a statute of limitations is one of the few mistakes in personal injury law that has no remedy. Once the deadline passes, the case is over, regardless of how strong the underlying facts are. Here is what every California injury victim needs to know about the deadlines that apply to their case.
The two year general rule
California Code of Civil Procedure section 335.1 sets the general statute of limitations for personal injury claims at two years from the date of injury. That covers most California injury cases: car accidents, slip and falls, dog bites, premises liability, motorcycle and bicycle collisions, and most workplace injuries with a third party defendant.
Two years sounds like plenty of time. It is not. The first year is usually consumed by medical treatment and recovery. The second year passes faster than people expect. Cases that come into our office at month 20 with no investigation done are difficult to handle properly. Cases that come in at month 23 are often unworkable.
The six month government claim rule
If your injury involves a public entity, a city, county, the state, a school district, a transit authority, a public hospital, or any vehicle owned by a public agency, the rules change dramatically. California's Government Claims Act requires a written claim to be filed with the public entity within six months of the injury.
This applies more broadly than most plaintiffs realize. A crash with a Metro bus, a fall on a public sidewalk, an injury caused by a dangerous condition on a public roadway, a collision with a sheriff's vehicle. Six month deadline. Miss it, and the case is usually gone.
There is a procedure for late claim relief under Government Code section 911.6, but it is discretionary and the exceptions are narrow. Do not rely on it. If your injury could involve any public entity, talk to a lawyer immediately.
Medical malpractice deadlines
Medical malpractice cases follow a different timeline under Code of Civil Procedure section 340.5. The basic rule is the shorter of three years from the injury or one year from the date the plaintiff discovered, or through reasonable diligence should have discovered, the injury.
The discovery rule complicates things. A misdiagnosed condition that progresses for two years before the patient learns of the malpractice may start the one year clock on the date of discovery. But fraud or concealment by the provider can toll the deadline further.
Medical malpractice claims also require a sixty day notice of intent under Code of Civil Procedure section 364, which serves to extend the deadline in some circumstances. The interaction is complicated; specialist counsel is essential.
Wrongful death claims
The general wrongful death deadline is two years from the date of death. Government entity wrongful death claims still require the six month written notice. Medical malpractice wrongful death claims have their own timing rules under MICRA. The detail is in wrongful death claims in California.
Tolling for minors
If the injured person is a minor at the time of the injury, the statute of limitations is generally tolled until the minor reaches the age of majority. A child injured at age 5 in a slip and fall has until age 20 to file. The tolling rule does not extend to government claim deadlines in most situations; the six month deadline still applies even for minor plaintiffs.
Tolling for incapacity
If the plaintiff is incapacitated, in a coma or otherwise unable to manage their affairs, the limitations period may be tolled. The standard is high, and partial recovery during the period of incapacity can complicate the analysis.
The delayed discovery rule
In some cases, the statute does not start running until the plaintiff discovers, or through reasonable diligence should have discovered, the connection between the injury and the defendant's conduct. This applies most often in toxic exposure cases, product liability cases involving latent harm, and some medical malpractice cases.
The rule is fact specific. It is not a general escape hatch. Do not assume it will save your case.
Property damage
The statute of limitations for property damage in California is three years under Code of Civil Procedure section 338(c). The longer deadline for property damage matters in cases where the personal injury and property damage are separable, but the practical advice is the same: file early.
What to do
The simple rule is, do not wait. Even if you think you have time, even if the injury seems to be getting better, even if you are not sure you want to pursue a claim. Talk to a lawyer within the first month or two if at all possible. The earlier the conversation, the better the evidence preservation and the more options remain available. The broader case lifecycle is in how personal injury claims work, and the signs that say it is time to call are in signs you need a personal injury lawyer.
The first 72 hours of any case are particularly important. We cover that ground in what to do after a car accident in Los Angeles.
For a free review of a California injury case before any deadline expires, reach Jennie Levin through our contact page.