What Happens If You Miss the Filing Deadline for a Personal Injury Case in California?
What Happens If You Miss the Filing Deadline for a Personal Injury Case in California?
If you’ve been injured in California, it’s important to know that the clock starts ticking the moment your injury occurs. Every personal injury claim is bound by a legal deadline known as the statute of limitations. Missing this deadline can have serious consequences and could prevent you from recovering any compensation for your injuries, lost wages, or pain and suffering.
Understanding California’s Statute of Limitations
In most California personal injury cases, you have two years from the date of the injury to file a lawsuit against the responsible party. If the injury was not discovered right away—for example, in cases involving medical negligence—you typically have one year from the date the injury was discovered or reasonably should have been discovered to file your claim.
If your claim is against a government entity, the timeline is much shorter. You must file an administrative claim within six months of the injury. If the agency denies your claim, you then have six months from that denial to file a lawsuit.
What Happens If You Miss the Deadline?
If you file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case, no matter how strong your evidence may be. This means:
- You lose your right to pursue compensation.
- Insurance companies are no longer obligated to negotiate or settle.
- You bear all medical and financial losses alone.
Limited Exceptions May Apply
In rare cases, the statute of limitations can be paused or “tolled.” For example:
- If the injured person is a minor, the clock doesn’t start until they turn 18.
- If the defendant leaves the state after the accident, the clock may be paused until they return.
However, these exceptions are limited, and determining whether they apply requires legal guidance.
Protecting Your Rights
If you’ve been injured, it’s best not to delay taking action. Acting quickly helps preserve evidence, maintain witness credibility, and ensure compliance with all filing requirements.
At Law Office of Ball & Yorke, we can provide legal assistance to the Ventura public. Our attorneys understand how critical timing is in personal injury cases and can help you take the right steps to protect your right to compensation.











