If you have been injured in a car accident in California, you may be entitled to compensation for your various damages, both economic and non-economic. However, you have a deadline that can affect your right to take legal action for your accident. Understanding the statute of limitations associated with a personal injury claim in California is imperative in ensuring your legal rights and options are protected. For more information and to secure skilled legal representation during your case, read on and contact a knowledgeable San Mateo County, California motor vehicle accident lawyer today.
What is a Statute of Limitations?
A statute of limitations is a time limit that dictates the maximum amount of time you have to initiate legal proceedings after an incident has occurred. When considering personal injury claims, a statute of limitations outlines how long after an accident or injury you can file a claim or lawsuit. If you miss the deadline and do not file before the time limit expires, you can lose your right to pursue legal action and recover compensation.
The main purpose of a statute of limitations is to ensure that legal matters are resolved in a timely manner and reduce the number of ongoing lawsuits and claims in the legal system. Evidence can deteriorate over time, and witnesses may forget details or become unavailable. Implementing a statute of limitations helps preserve the integrity of the legal process.
What is the Statute of Limitations for a Personal Injury Claim in CA?
In California, the statute of limitations for most personal injury claims, including ones resulting from car accidents, is two years from the date of the injury. This is outlined in the California Code of Civil Procedure § 335.1.
For example, if you were involved in an auto accident caused by another driver and broke your arm on October 21, 2025, you will have until October 21, 2027 to file a claim or lawsuit against the at-fault driver. However, if you fail to take legal action by that date, your claim could be dismissed or not recognized, and you will lose the right to seek compensation.
Are There Exceptions to the Statute of Limitations?
While the two-year deadline is fairly stringent, there are certain exceptions that may apply depending on the situation. “Tolling” temporarily pauses the statute of limitations, which can affect the actual deadline for your claim. You could have an extended statute of limitations if you were a minor when the accident occurred, you did not discover your injury right away, you were incapacitated for a time, you are deemed legally insane, you are located out of state, and more.
On the flip side, the deadline could be shortened, for example, if the claim is against a government entity. Personal injury law can be complex, so work with a skilled attorney to ensure your legal rights and options are protected.