When you suffer injuries due to someone else’s negligence, you may be entitled to economic damages—financial compensation for medical expenses, lost wages, and other direct costs.
However, waiting too long to file a claim can result in losing your right to recover compensation. This raises an important question: Is there a time limit for personal injury claims? The answer lies in understanding California’s statute of limitations and how it applies to your case.
What Are Economic Damages in a Personal Injury Case?
In California, economic damages refer to the quantifiable financial losses a person experiences after an accident. These may include:
- Medical expenses – Hospital bills, physical therapy, medications, and any future treatments related to the injury.
- Lost wages – Income lost while recovering, including reduced earning capacity if the injury affects future employment.
- Property damage – The cost of repairing or replacing personal property, such as a vehicle in a car accident.
- Other out-of-pocket expenses – Transportation costs to medical appointments, home modifications for disabilities, or in-home care services.
While victims have the right to pursue compensation, they must act within specific legal deadlines to avoid forfeiting their claims.
Is There a Time Limit for Personal Injury Claims?
Yes. California law imposes a statute of limitations, which sets strict deadlines for filing a lawsuit. Generally, victims of personal injury cases have two years from the accident date to take legal action. If they miss this deadline, the court will likely dismiss the case, preventing them from recovering economic damages.
There are, however, exceptions to this rule. For example:
- If the injury was not immediately discovered, the deadline may begin from when the injury was reasonably identified.
- When a government entity is involved (such as a public transportation accident), the victim must file a claim within six months of the incident.
- For minors or those mentally incapacitated, the clock may not start running until they are legally able to file.
Why Acting Quickly Matters in Personal Injury Cases
Failing to file a claim within the statute of limitations can have serious consequences. If the deadline passes, you may lose your right to seek economic damages, leaving you responsible for medical bills, lost wages, and other expenses. Even ongoing negotiations with an insurance company do not extend this deadline—if no lawsuit is filed in time, your claim may be denied entirely.
California’s personal injury laws set these time limits to ensure fairness and maintain the integrity of evidence. Over time, key proof such as medical records and witness statements may become more challenging to obtain. Insurance companies are well aware of this and may use delay tactics to discourage victims from filing.
Many insurers also impose their deadlines for reporting accidents—often within days or weeks—which, if missed, can further complicate the claims process. Acting quickly protects your right to compensation and strengthens your case by preserving crucial evidence. The sooner you seek legal guidance after an injury, the better the outcome will be for your claim.
Steps to Take If You Are Injured in an Accident
You must act quickly to protect your rights if you or a loved one has been injured in an accident. Here are the steps you should take:
- Seek Medical Attention Immediately: Even if you don’t feel seriously injured, some conditions, such as internal injuries or traumatic brain injuries, may not be immediately apparent. A medical evaluation provides essential documentation for your claim.
- Document Everything: Gather and preserve all evidence related to your injury. This includes:
- Medical bills and records
- Pay stubs to prove lost wages
- Photos of the accident scene, injuries, and property damage
- Witness statements and contact information
- Consult a Personal Injury Lawyer: Our experienced Visalia personal injury lawyer can assess your case, determine the economic damages you may be entitled to, and ensure you meet all deadlines. They can also negotiate with insurance companies to secure a fair settlement.
- File Your Claim as Soon as Possible: Avoid delays. Even if the two-year statute of limitations seems like plenty of time, starting the legal process early is best. Evidence can disappear, and witnesses’ memories may fade, weakening your case.
Act Before It’s Too Late
If you’ve suffered an injury due to someone else’s negligence, securing fair compensation requires acting within the legal time frame. Waiting too long could mean losing your right to recover economic losses, including medical expenses and lost wages.
Our award-winning personal injury attorney in Visalia can help you navigate the process, ensuring you meet all deadlines and build a strong case. With experienced legal representation, you can fight for the compensation you deserve while focusing on your recovery. Don’t let insurance companies take advantage of delays. Contact us today for a free consultation.
