Statute of Limitations for Filing a Personal Injury Lawsuit

What is the statute of limitations for filing a personal injury lawsuit for my accident?

The statute of limitations refers to the time limit in which a lawsuit can be filed to recover damages. In California, personal injury cases have a statute of limitations that varies depending on the type of claim. These are some common claims and their statute of limitations:

  1. Personal Injury – 2 Years
  2. Property Damage – 3 Years
  3. Wrongful Death – 2 Years
  4. Personal Injury (Federal, State, Local Government Entity at Fault) – 6 Months


Extensions of Personal Injury Claims Statute of Limitations

These dates are based on the date of the accident, and in some cases, can be tolled or paused. In this case, the statute of limitations can be extended.

Delayed Discovery

In most cases, the lawsuit clock starts the day of the accident, but if damages weren’t immediately discovered, then the starting date would correspond to the day that the victim discovered the damages. Delayed discovery requires the victim to take every reasonable step they can to discover the damages. This includes seeing a medical professional as soon as possible after an accident.

Minors & People in Comas

If the victim is a minor, the l clock does not start until their 18th birthday. In the case of coma patients, the statute of limitations does not start until the date they wake up.


Call The Scranton Law Firm and discuss the facts of your case with one of our experienced California accident attorneys – consultations are always free! Even if we do not accept a case, we may be able to help. We frequently make referrals to other lawyers when a caller has a problem outside of our specialty.

Call The Scranton Law Firm For A Free Legal Consultation

Free Case Review. Tell Us About Your Injury & We Will Help You Figure Out Your Next Steps.

4 + 13 =

Scranton Law Firm

Scranton Law Firm
Based on 102 reviews
powered by Google
Erin Matushenko
Erin Matushenko
21:30 27 Jun 19
Bob has been an excellent source of professional meets personalization. He listens and focuses on what’s at hand, which is you! Highly recommend... him to whomever is in need of top notch more
Anne Consono
Anne Consono
02:03 08 Mar 19
Top Notch company 👌💪 Fought hard for my husband. Very positive experience. You want them on your side. Kudos to Nikki the assistant!!
Tamara Soliz
Tamara Soliz
01:59 13 Dec 18
Fair, helpful and great communication. They walked me through the whole process and made sure I was taken care of. Would highly recommend to friends... and more
Robert Leblond
Robert Leblond
22:47 06 Dec 18
Very professional firm. My lawyer was Lou Berry. We worked well together.
alyssia lujan
alyssia lujan
00:53 29 Sep 18
Roman is awesome! He stays on top of things & keeps you updated. I’d recommend him to anyone! Thank you for helping me & always calling/texting... more
See All Reviews