Helped Clients Recover Over $25 Billion. Since 1979.
Helped Clients Recover Over $25 Billion. Since 1979.
California’s statute of limitations for personal injury cases is absolute. Miss your deadline by even one day, and courts will dismiss your case entirely, regardless of merit. At Schenk Law Firm, we’ve protected clients’ rights for over 46 years by ensuring every deadline is met.
Most personal injury cases in California have a two-year filing deadline from the date of injury. However, government claims, discovery rule cases, and other special circumstances can significantly alter these timeframes. Understanding these complexities is crucial to protecting your right to seek justice.
California gives you two years from the date of injury to file a personal injury lawsuit [1]. This applies to the following, but not limited to:
Calculate your deadline by adding exactly two years to your injury date. The two-year period includes weekends and holidays. Courts may extend deadlines that fall on weekends to the next business day, but don’t rely on this.
For injuries with delayed symptoms, California’s discovery rule may apply, extending the deadline to when you discovered or should have discovered the injury.
The discovery rule applies when injuries don’t manifest immediately. Your two-year deadline starts when you discovered or reasonably should have discovered your injury, not necessarily when the accident occurred.
The discovery rule commonly applies to:
Courts apply a “reasonable person” standard when determining discovery dates. Document when symptoms first appeared, what triggered your realization that the accident caused your problems, and medical professional statements. This documentation determines whether you still have time to file.
Accidents involving government entities require filing an administrative claim within six months [5]. This applies to:
Over 90% of government tort claims are initially denied, but filing the administrative claim is required before pursuing a lawsuit.
The statute of limitations is tolled until age 18, then you have two years to file. Parents can file on behalf of minors before they turn 18. Despite extended time, act quickly as evidence deteriorates.
Standard Personal Injury Cases: Injury date + 2 years
Discovery Rule Cases: Discovery date + 2 years (use whichever is later)
Government Entity Claims: Incident date + 6 months for administrative claim
Minors: 18th birthday + 2 years
If you’re within six months of any deadline, treat this as urgent. Lawsuit preparation takes time.
For over 46 years, attorneys at our firm have built their reputations on one unwavering principle: protecting their clients’ right to seek justice. We have never missed a statute of limitations deadline—not once. Our comprehensive deadline protection includes:
Contact us immediately if:
Our commitment to deadline management has helped attorneys at our firm recover over $25 billion for clients [6] while ensuring no one loses their right to justice due to missed deadlines.
Confusing Insurance and Legal Deadlines Insurance reporting (30-60 days) and lawsuit filing deadlines are separate. Missing insurance deadlines doesn’t extend lawsuit deadlines. Since 95-96% of personal injury cases settle before trial [7], early action helps negotiations, but insurance timelines don’t affect legal rights.
Assuming Workers’ Compensation Bars All Claims Workers’ comp generally prevents lawsuits against employers but not third parties like equipment manufacturers, contractors, property owners, or other drivers.
Waiting for Insurance Negotiations File your lawsuit to preserve rights while continuing settlement discussions. If deadlines pass during negotiations, you lose leverage.
Multiple Defendants. Different parties may have different deadline requirements. Government entities require six-month administrative claims while private parties have two-year deadlines.
Continuing or Repeated Harm. Ongoing toxic exposure or repeated incidents create complex statute questions requiring expert analysis.
Out-of-State Complications. Accidents involving out-of-state parties may be governed by different state laws with varying limitation periods (one to six years).
COVID-19 Impact. California temporarily tolled certain statutes during the pandemic, potentially affecting calculations for injuries during this period.
Take Action Today:
Within 30 Days:
Long-Term Protection:
Remember: The statute of limitations is absolute. Generally speaking, no judge can extend it for lack of understanding or case merit. Don’t let time run out on your right to justice.
[1] California Code of Civil Procedure Section 335.1. “Statute of Limitations for Personal Injury Claims.” https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1
[2] Schenk Law Firm. “Car Crash Injury Lawyer Help.” https://schenklawfirm.com/vehicle-accidents/car-crash-injury-lawyer-help/
[3] Schenk Law Firm. “Slip and fall.” https://schenklawfirm.com/san-diego-personal-injury-lawyer/slip-and-fall/
[4] Schenk Law Firm. “San Diego Dog Bite Lawyer.” https://schenklawfirm.com/san-diego-personal-injury-lawyer/san-diego-dog-bite-lawyer/
[5] California Government Code Section 911.2. “Claims Against Public Entities.” https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2
[6] Schenk Law Firm. “Home Page.” https://schenklawfirm.com
[7] California Courts. “Civil Case Processing Statistics.” Judicial Council of California. https://www.courts.ca.gov/documents/2024-court-statistics-report.pdf