Time limits for filing injury lawsuits exist to ensure evidence remains fresh, witnesses are available, and defendants don’t face claims indefinitely. California’s two-year statute of limitations generally bars most personal injury lawsuits filed after the deadlines expire. However, exceptions for delayed discovery, minor plaintiffs, and specific case types may extend the filing periods when injuries are not immediately apparent.
Best Law represents injury victims throughout Los Angeles, San Bernardino County, and Riverside County. We evaluate whether statutes of limitations bar claims or whether exceptions apply to cases where injuries occurred months or years before clients consulted attorneys.
Key Takeaways About Filing Claims for Old Injuries
- California Code of Civil Procedure Section 335.1 establishes a two-year statute of limitations for personal injury claims that begins on injury dates, though the discovery rule extends deadlines when injuries or their causes weren’t reasonably discoverable until later
- Government entity claims require administrative filings within six months before lawsuits can proceed, creating much shorter deadlines when cities, counties, or state agencies caused injuries
- Missing statutes of limitations usually bars recovery permanently regardless of case strength, making prompt legal consultation essential when you’re unsure whether deadlines have passed
California’s Standard Two-Year Statute of Limitations
California Code of Civil Procedure Section 335.1 provides two years from the date of injury to file personal injury lawsuits. This deadline applies to car accidents, slip and fall cases, pedestrian accidents, bicycle crashes, and most other injury claims.
The two-year period begins when injuries occur, not when you discover the full extent of harm or realize someone was at fault. Filing lawsuits even one day late typically results in dismissal regardless of liability clarity or injury severity.
Courts interpret these deadlines strictly. Ignorance of filing requirements, difficulty finding attorneys, or ongoing settlement negotiations with insurance companies don’t excuse late filings. The deadline runs whether you’re aware of it or not.
The Discovery Rule Exception
California recognizes that some injuries or their causes aren’t immediately apparent. The discovery rule delays statute of limitations deadlines until plaintiffs discover or reasonably should have discovered injuries and their connection to wrongful conduct.
Examples that may qualify for this exception include:
- Internal injuries producing symptoms weeks or months after accidents
- Toxic exposures causing illnesses that manifest years later
- Concealed wrongdoing where defendants actively hid their role in causing harm
- Latent defects in products or property not discoverable through reasonable inspection
The discovery rule doesn’t simply extend deadlines whenever plaintiffs claim they didn’t know about injuries. Courts evaluate whether reasonable people in similar circumstances would have discovered injuries and their causes earlier.
Once you discover injuries or facts that would prompt reasonable people to investigate potential claims, the two-year clock begins running. You don’t need to know all legal theories or the full extent of damages—knowledge that something is wrong and that someone might be responsible starts the limitations period.
When Statutes of Limitations Are Tolled
Tolling pauses statute of limitations deadlines during specific circumstances, adding time beyond the standard two-year period.
Minor Plaintiffs
The statute of limitations doesn’t begin running against injured minors until they turn 18. Children injured at age 10 have until their 20th birthday to file lawsuits. This protection ensures minors aren’t barred from recovery before reaching adulthood and understanding their legal rights.
Parents can file claims on behalf of minor children before they turn 18, but the statute of limitations won’t expire until two years after the child’s 18th birthday if parents don’t act earlier.
Mental Incapacity
When plaintiffs are legally declared mentally incompetent at the time injuries occur, the statute of limitations pauses until competency is restored. This protects individuals unable to understand their rights or make informed decisions about pursuing claims.
Defendant’s Absence From California
If defendants leave California to avoid lawsuits, time spent outside the state doesn’t count toward the statute of limitations. The deadline effectively pauses during their absence and resumes when they return.
Fraudulent Concealment
When defendants actively conceal their involvement in causing injuries or hide facts essential to discovering claims, courts might extend deadlines based on when plaintiffs discovered or should have discovered the concealment.
Special Deadlines for Government Entity Claims
Claims against California government entities follow different rules requiring administrative filings before lawsuits can proceed.
You must file government claims within six months of injuries when California cities, counties, state agencies, or their employees caused harm. This applies to dangerous road conditions maintained by municipalities, accidents involving government vehicles, injuries on public property, and incidents at government facilities.
The six-month deadline is strict. Late claim procedures exist, but success isn’t guaranteed, and missing deadlines typically bars recovery permanently. Government claims require specific forms filed with appropriate agencies. If claims are denied or ignored for 45 days, you then have six months from the denial to file lawsuits in court.
What Happens When You Miss Deadlines
Missing statutes of limitations eliminates your right to sue, regardless of how strong your case might be. Defendants may file motions to dismiss based on expired deadlines, and courts can grant these motions without evaluating liability or damages.
Even cases with clear fault, serious injuries, and significant damages become worthless once deadlines pass. You can’t recover compensation through personal injury lawsuits after the limitations period expires.
Some injury victims pursue claims with insurance companies without filing lawsuits, believing that settlement negotiations preserve their rights. Insurance companies don’t have to tell you about statutes of limitations, and they sometimes string claimants along with lowball offers until deadlines expire, then refuse all compensation once lawsuits are barred.
FAQ About Suing for Old Injuries in California
Is It Too Late to Sue for an Injury That Happened Two Years Ago?
It depends on the exact injury date and when you’re calculating the deadline. California’s two-year statute of limitations runs from the injury date, but exceptions could apply. Consult an injury attorney immediately to determine whether your specific case remains viable.
What If My Symptoms Showed Up Months After the Accident?
Delayed symptoms don’t automatically extend statutes of limitations unless the discovery rule applies. You must prove you couldn’t reasonably discover injuries within the two-year period. The key question is when reasonable people in your circumstances would have discovered something was wrong.
Can I Still Sue If I Was a Minor When Injured?
Yes. The statute of limitations doesn’t begin running until minors turn 18 years old. You have until your 20th birthday to file lawsuits for injuries that occurred during childhood. Parents can file claims on your behalf before you turn 18, but the deadline won’t expire until two years after reaching adulthood if they don’t act sooner.
Don’t Let Uncertainty About Deadlines Cost You Compensation
Statutes of limitations create real barriers to recovery, but determining whether deadlines have passed requires analyzing specific facts about when injuries occurred, when you discovered them, and what type of claim you’re pursuing.
Best Law evaluates whether your injury claim falls within California’s filing deadlines or qualifies for exceptions extending limitations periods. We examine when injuries occurred, when symptoms appeared, whether you could have reasonably discovered problems earlier, and what deadlines apply to your specific case type.
Time remains your most valuable asset when pursuing personal injury compensation. Even viable claims weaken as evidence deteriorates and memories fade. Contact Best Law for a free consultation about your situation. We provide honest assessments about whether claims remain actionable and what steps protect your rights.
