California Filing Deadlines
California law places deadlines on personal injury claims. The amount of time available can depend on what happened, who was involved and other circumstances surrounding the claim.
CD LAW / LOS ANGELES PERSONAL INJURY
The Deadline
TIME CAN PASS QUIETLY. LEGAL DEADLINES DO NOT.
After an injury, attention naturally goes toward medical treatment, recovery, work and everyday responsibilities. Meanwhile, the legal clock may continue moving. California law limits the amount of time available to pursue many personal injury claims.
Generally
Many California personal injury lawsuits are generally subject to a two-year statute of limitations, but that does NOT mean every injury claim has the same deadline.
Circumstances can change the applicable deadline
Special rules can apply
Government-related claims may involve shorter procedural deadlines
Determining the correct deadline requires evaluating the specific facts
INCIDENT
RECOVERY
INVESTIGATION
CLAIM DEVELOPMENT
LEGAL DEADLINE
Personal Injury Matter
In one personal injury matter handled by CD LAW, the applicable filing deadline was approaching. The matter ultimately resolved for $140,000. The specific incident, amount of time remaining and underlying case facts are not presented here. Do not infer additional facts.
Prior results do not guarantee a similar outcome. Every case is different and must be evaluated based on its individual facts, injuries, evidence, deadlines and available insurance coverage.
THE ACCIDENT IS IN THE PAST. THE DEADLINE IS STILL MOVING.
The Dangerous Assumption
"I THOUGHT I HAD MORE TIME."
The safest way to understand a filing deadline is not to estimate it from memory or rely on a general internet rule. The specific facts matter.
A Different Clock
Claims involving California public entities can involve special claim-presentation procedures and deadlines that may be substantially shorter than the general personal injury lawsuit deadline. Examples can include injuries involving public property, government vehicles, public agencies or other governmental entities.
Government involvement should prompt immediate review. Do not assume the general two-year rule applies.
Not Every Case Is the Same
Certain circumstances can affect when a limitation period begins, ends or is calculated. This is not an exhaustive list, and whether a particular rule applies depends on the individual facts.
GENERAL RULE ≠ INDIVIDUAL DEADLINE
What to Gather
The appropriate information depends on the circumstances.
DON’T ASK ONLY:
“HOW MUCH TIME DO I HAVE?”
ASK: “WHAT DEADLINE
ACTUALLY APPLIES TO MY CLAIM?”
Los Angeles Personal Injury Claims
Someone recovering from an injury in Los Angeles may be balancing medical treatment, work, transportation, family responsibilities and insurance communications — while legal deadlines continue to run.
Many California personal injury lawsuits are generally subject to a two-year statute of limitations. That is a general rule, not a promise that it applies to every claim. The correct deadline depends on the facts and the parties involved.
(213) 593-9095