Personal injury claims must be filed within a certain amount of time to be considered
viable. This time limit is known as the statute of limitations. The statute
of limitations for personal injury claims is different in every state.
It is important to be aware of the statute of limitations in the state
where you would like to file a personal injury claim, so you can be sure
that your claim will be filed on time.
California Personal Injury Statute of Limitations
In California, there is a 2-year statute of limitations on personal injury
claims. Personal injury claims must be filed within the 2-year window.
If a claim is not filed on time, it will most likely be denied and unable
to move forward. This limit is generally pretty strict; however, there
are some exceptions that allow claims to be filed after the 2-year window
has run out.
Exceptions to the Personal Injury Statute of Limitations in California
The state of California allows some exception to the statute of limitations
on personal injury claims. If your case fits any of these scenarios, and
it has been longer than 2 years since an accident occurred, you may be
granted an expansion on your claim.
In California, plaintiffs are permitted to file a personal injury claim
outside of the statute of limitations if they did not discover the cause
of their harm until after 2 years have passed. For example, a person may
be injured because of unsafe property conditions in their neighborhood.
However, they may not realize that the conditions that caused their injury
were the result of their landlord’s negligence. Two and a half years
later, the injury victim may discover the true cause of the harm. In this
case, they may still be permitted to file a claim despite the expiration
of the statute of limitations.
An extended statute of limitations is also granted to people who were under
the age of 18 at the time they were injured. Additionally, the courts
may make an exception to the statute of limitations if the defendant was
not in the state or was otherwise absent at the time the claim could have
The legal team of Allen, Semelsberger & Kaelin LLP can help you file
a personal injury claim if you or a loved one was injured because of another
person’s negligence. Contact us today to discuss the details of
To schedule a free consultation with our attorneys, complete our
contact form or call 888.998.2031.