Every personal injury case is subject to a legal deadline known as the statute of limitations. This law limits how long you have to take legal action after an injury. If you miss the deadline, you may lose your right to recover compensation, regardless of how strong your case is.
What Is the Statute of Limitations?
The statute of limitations sets the maximum time after an injury that a lawsuit must be filed in court. Each state has its own laws, and the time limit varies depending on the type of claim.
In California, for example, the statute of limitations for most personal injury claims is two years from the date of the injury. If you file after that, your case will almost always be dismissed.
When Does the Clock Start?
In most cases, the clock begins ticking on the date the injury occurred—often the date of the accident.
However, some exceptions apply:
- Discovery Rule: If you didn’t discover the injury right away, the clock may start when you reasonably should have known about it.
- Minor victims: If the injured person is under 18, the clock may not start until they turn 18.
- Defendant unavailable: If the at-fault party leaves the state or cannot be located, the statute may be paused (tolled) temporarily.
Each case is different, so it’s important to get legal guidance early. A personal injury lawyer can confirm exactly when your deadline is and ensure you file in time.
What Happens If You Miss the Deadline?
If you miss the filing window:
- The court will likely dismiss your case
- You will not be able to negotiate a settlement
- The insurance company has no legal reason to pay your claim
There are very few exceptions to this rule. Even if the other party admits fault, the law still applies. That’s why it’s important not to wait or assume the process will work itself out later.
How Early Should You Contact a Lawyer?
As soon as possible. Starting early gives your attorney time to:
- Investigate the accident
- Collect evidence
- Speak with witnesses
- Obtain medical records
- Negotiate with insurance companies
Waiting until the last minute puts you at risk of missing key documentation, rushing paperwork, or forfeiting your rights altogether.
Are There Other Deadlines in Personal Injury Cases?
Yes. In addition to the statute of limitations, you may face:
- Insurance policy deadlines: Many policies require notice within 30 days of an accident
- Government claims: If the injury involves a public agency or employee, you may have as little as 6 months to file a notice of claim
- Court filing rules: Once a claim is initiated, other deadlines for filing motions or responding to discovery apply
For detailed timelines and procedures, Avian Law Group’s legal resources offer step-by-step guides on deadlines, evidence gathering, and claim preparation.
Why Delaying Can Hurt Even If You're Within the Time Limit
Even if you technically have time, waiting can still weaken your case. Here’s why:
- Evidence disappears: Surveillance footage may be deleted, road conditions may change, or damage may be repaired
- Witnesses forget: Memory fades quickly, and crucial details can be lost
- Medical gaps: Delayed treatment may create gaps that insurers use to argue your injury wasn't serious
Early legal action preserves your case strength and protects your right to full compensation.
Frequently Asked Questions
Can I file a claim if I was partially at fault?
Yes. Most states follow a comparative negligence rule. You can still recover damages, but your compensation may be reduced based on your percentage of fault. A lawyer can explain how this may affect your filing strategy.
Does the statute of limitations apply to insurance claims?
Not directly. You can begin negotiating with the insurer before filing a lawsuit. However, if negotiations fail, you must file your lawsuit before the statute expires to preserve your claim.
Can I file a claim for an old injury if I just found out it was related to an accident?
Possibly. The discovery rule might apply if you couldn’t have known the injury was related to the accident at the time. However, proving this can be complex and requires strong medical and legal documentation.
Final Thought
Understanding and acting within the statute of limitations is one of the most important steps in protecting your right to compensation. Don’t assume you have plenty of time, delays can cost you your entire case. To avoid missing your deadline, speak with a qualified personal injury lawyer as soon as possible. They’ll ensure everything is filed properly and on time, giving you the best chance at a successful outcome.
Michael Avanesian, the founder and driving force behind Avian Law Group, is a passionate and dedicated attorney with a strong background in personal injury law. As a partner at JT Legal Group, Michael led the growth of the personal injury practice from a single employee to a team of over ninety professionals, securing over $2 billion in settlements for clients in just three years.
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