STATUTES OF LIMITATIONS FOR ACCIDENT VICTIMS IN CALIFORNIA

In California, statutes of limitations establish the deadlines by which you must file a lawsuit if you have been injured in an accident, or if a loved one has died because of an accident. The deadlines to file a lawsuit vary depending on the nature of the claim and those involved. There are also other factors which may “toll” or delay the running of a statute of limitations.

General Personal Injury Claims

• Applies to accidents caused by negligence such as motor vehicle accidents, slip-and-fall accidents, and other incidents resulting in physical harm

The time limit is 2 years from the date of the accident and applies to cases where the victim is seeking compensation for physical or emotional injuries caused by an accident. If the injury is not immediately discovered, the “discovery rule” may apply, meaning that the statute of limitations begins to run when the injury is discovered or should have reasonably been discovered.

Property Damage Claims

• Applies to damage to vehicles, real estate, or other personal property from an accident

The time limit is 3 years from the date of the damage occurred. If the damage is not immediately discovered, the “discovery rule” may apply, meaning that the statute of limitations begins to run when the damage is discovered or should have reasonably been discovered.

Wrongful Death Claims

• Applies to family members filing claims for the death of a loved one caused by an accident

The time limit is 2 years from the date of the decedent’s death, which may differ from the date of the accident if the victim succumbed to injuries later.

Survival Action Claims

• Applies to the estate of a decedent pursuing claims that the decedent could have pursued prior to their death

The time limit is 2 years from the date of injury or the time remaining on the statute of limitations for the decedent’s personal injury claim, whichever is less.

Claims Against a Government Entity

• Applies to accidents involving governing vehicles, public transportation, or other governmental entities

The time limit is 6 months from the date of the accident to file an administrative claim with the government agency, but there are variations depending on the specific municipality or government agency involved.

Uninsured/Underinsured Motorist Claims

• Applies to cases where the victim is pursuing compensation through Uninsured Motorist/Underinsured Motorist coverage from their own insurance company

The time limit is generally 2 years but is governed by the policy terms of the victim’s insurance, which may impose shorter deadlines.

Claims Involving Minors

• Applies to victims under the age of 18 at the time the accident occurred

The time limit for minors to file a claim for personal injury is 2 years after their 18th birthday, as the statute of limitations for the minor is “tolled” or paused until they turn 18.

Act Now

Missing the statute of limitations may result in losing the right to pursue a claim. This is an unfortunate reality for many accident victims and their families and may be just as devastating as the accident itself. Tolling and other issues which may affect the statute of limitations are a factual and legal analysis, so it is critical that you act now to obtain a free consultation and case analysis from an experienced attorney at Antonyan Miranda.

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