Personal injury claim paperwork and bills on desk

Statute of Limitations on Personal Injury Claims

Law Offices of Steven Zwick Nov. 21, 2023

According to statistics cited by the National Safety Council, 62 million Americans — about 1 in 5 — sought medical attention for an injury in 2021.  

When you or a loved one has been injured in an accident that resulted from the negligence of another party, it’s important to make sure you are making wise decisions and handling any legal action properly — but time is a factor. Under the laws of the land, you don’t have an indefinite period of time to determine whether or not you’re going to file a personal injury claim.   

At the Law Offices of Steven Zwick, we have been helping people make sound decisions regarding their personal injury claims for decades. Our team is ready to meet with you, discuss your specific situation, and lead you in the right direction with your personal injury claim — all within the appropriate span of time. If you are in Southern California and need counsel or assistance with your personal injury claim, reach out to us to schedule a consultation.  

Personal Injury Claims in California

The legal process for personal injury claims varies depending on the state in which you live. This article deals specifically with personal injury claims filed in the state of California. Knowing more about the statute of limitations for such claims will be beneficial for you as you begin the process. 

What Is a Statute of Limitation?

In simple terms, a statute of limitations is a time limit placed on a specific legal action by state law. Though a statute of limitations can apply to a variety of legal matters (including the limit on how much time can pass before someone can be charged with a specific crime in criminal cases), this article covers the statute of limitations for filing personal injury claims in California. 

Statute of Limitations on California Personal Injury Claims 

In California, the statute of limitations for filing a personal injury claim is two years from the date of the injury. Though there may be special exceptions to this rule (see below), you have a period of two years from the date of the accident to take legal action. 

What Happens if I Miss the Filing Deadline?

If you fail to file your personal injury claim within the two-year window allowed under the statute of limitations, you will forfeit your opportunity to seek financial compensation. It’s likely that the court will refuse to hear your case if it is filed after the deadline. This means you will not be able to recover compensation from the responsible party. 

Are There Exceptions to the Statute of Limitations?

There are certain instances in which the time period allowed under the statute of limitations can be extended. In cases of “delayed discovery,” you may have extra time allowed. An example of “delayed discovery” would be a case in which you are involved in a car accident but you are not aware of any injury you have suffered until sometime later. 

The Importance of Skilled Legal Representation

Though you don’t need any added pressure in your current situation, it is important that you understand that time is of the essence.  

With the clock ticking after your accident and injury, you need to act as quickly as possible to make sure you have the best opportunity to seek compensation. Working with a knowledgeable personal injury attorney will help you get the process started as soon as possible. 

Trust Our Team With Your Personal Injury Claim

Though you have a finite amount of time to file your personal injury claim, it doesn’t have to be a source of additional stress in your life. Allowing a team of knowledgeable legal professionals to help you with your claim can take some of the load off your shoulders and allow you to focus on what matters most — your recovery.  

It may not make your journey through the claims process entirely stress-free, but you can at least rest assured that your case is in strong and capable hands. By trusting us with your personal injury claim, you can feel confident that your best interests are always the priority. 

If you or a loved one has suffered an injury in an accident that was caused by another party’s negligence, you have the right to take legal action to pursue the fair financial compensation you deserve. Getting your claim filed before the statute of limitation on your claim runs out is an important step. At the Law Offices of Steven Zwick, our team is ready to lead the way.  

We have multiple locations throughout Southern California and serve the needs of clients in Orange County, as well as Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.