Personal Injury Statute of Limitations in California

Understanding the Personal Injury Statute of Limitations in California

The statute of limitations is the time limit within which you must file a case. The goal of a personal injury claim in California is for the injured plaintiff to prove fault for their injury and hold the defendant who injured them accountable for the damages they caused. If you believe that another party is responsible for injuring you or a family member, you have a limited time to pursue accountability and compensation.

For most personal injury cases in California, the statute of limitations is two years, starting on the date the injury occurred. If the victim does not file their claim within this time period, they lose their chance to recover compensation from the defendant. If the plaintiff does not file their claim within the statute of limitations, they will lose their chance to claim compensation from the defendant.

Even if your case has merit and another party is clearly to blame for your injury, if you file the claim past the statute of limitations, then the defendant’s attorney is likely to file a motion to dismiss the case on the grounds that you have missed the statute of limitations, and the court is likely to grant this motion.

It’s important to connect with legal counsel as soon as possible after your injury. It will likely take some time to gather the evidence you need to prove fault and to accurately assess the full extent of the damages you are eligible to claim. Since it can take longer than you expect to build a personal injury case, it’s crucial to hire a personal injury lawyer you can trust as soon as possible.

How Your California Personal Injury Lawyer Can Help

Experienced legal counsel is a tremendous asset in any personal injury case, even if fault for the injury seems obvious. You will need an attorney’s help to not only prove that the defendant caused your injury, but also that your claimed damages are direct results of the defendant’s negligence or misconduct. This may sound straightforward, but building a successful claim could be more challenging than you expect.

Success with a personal injury case requires proving that the defendant’s negligence or misconduct directly resulted in your claimed damages. The evidence a plaintiff requires depends on the manner in which the defendant injured them. Whether you were hurt in a car accident, because of a slip-and-fall on private property, or in a workplace accident, your attorney can secure the evidence you need to establish liability for the injury.

According to the California Department of Public Health, falls were the leading cause of hospitalizations statewide in 2024, resulting in 169,920 cases. Motor vehicle accidents accounted for 17,422 hospitalizations that year, and the Bureau of Labor Statistics reported about 344,500 nonfatal workplace injuries and illnesses in California in 2024. However your injury happened, you should consult an attorney right away to help you build your case.

The team at Bentley & More LLP has successfully resolved many personal injury cases for injured clients throughout California. The personal injury statute of limitations in California is just one challenge you must address in your efforts to recover your losses, and you can count on our firm to provide unwavering support as your proceedings unfold. Reach out to our firm as soon as possible to learn how we can help.

FAQs

Q: What Happens If I Miss the Personal Injury Statute of Limitations in California?

A: If you miss the personal injury statute of limitations in California, this likely means that you have lost your chance to claim compensation for your damages from the defendant. An experienced attorney can review the details of your accident and help you approach the case with confidence, and you are more likely to reach a favorable outcome with their assistance.

Q: How Long Does It Take to Settle a Personal Injury Case in California?

A: The time it takes to settle a personal injury case in California varies based on whether liability for the injury is contested, the scope and severity of the plaintiff’s damages, and whether the plaintiff has hired legal representation. The majority of personal injury cases filed in California every year are resolved through settlement negotiations, but some cases must be resolved through litigation, and this usually takes much longer.

Q: What Is a California Personal Injury Claim Worth?

A: The value of a California personal injury claim depends on the severity of the victim’s damages. If you can prove that a defendant injured you, you have the right to claim compensation for any economic and non-economic damages they inflicted with their negligence or misconduct. Your California personal injury attorney can calculate your total losses and help you secure appropriate compensation as efficiently as possible.

Q: Why Should I Hire a Personal Injury Lawyer?

A: You should hire a personal injury lawyer to have the greatest chance of success in proving fault for your injury and of securing suitable compensation for your damages. Your attorney can help you meet the personal injury statute of limitations in California, accurately calculate your total claimable damages, and negotiate a settlement on your behalf. Ultimately, you have the greatest chance of reaching a favorable outcome with an attorney’s assistance.

Get In Touch with Us

The team at Bentley & More LLP can provide comprehensive legal representation for all aspects of your California personal injury claim. Our team has years of proven experience helping injured clients navigate their legal proceedings, and we are confident we can guide you to a favorable outcome. If you are ready to learn how we can help, contact us today to schedule a free consultation with a California personal injury attorney you can trust.

About the author: Greg Bentley

Co-Founder & Trial Lawyer at Bentley & More LLP

Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.

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