If you were hurt in an accident in Orange County, you may be wondering how long you have to file a lawsuit. Whether you slipped on a wet floor, were injured in a car crash, or suffered harm because of someone else’s carelessness, there’s a legal deadline for taking action. This deadline is called the “statute of limitations,” and it can have a significant impact on your right to recover damages. If you wait too long, you may lose your chance to file a claim entirely, even if you had a strong case.
What Is the Statute of Limitations in California?
The statute of limitations is the time limit you have to file a lawsuit after being injured. In most personal injury cases in California, that limit is two years from the date of injury.
If you don’t file your lawsuit within this time frame, the court will most likely dismiss your case. That means no compensation for medical bills, lost income, or pain and suffering, even if the other party was clearly at fault. The two-year period applies to many common personal injury claims, including:
- Car, truck, or motorcycle accidents
- Pedestrian or bicycle collisions
- Slip-and-fall injuries
- Dog bites
- Assault or other intentional harm
There are some exceptions to this rule, but they are limited and very case-specific.
When Does the Clock Start Running?
In most personal injury cases, the clock starts on the date the injury happened. For example, if you were rear-ended on the freeway on July 15, 2023, you have until July 15, 2025, to file a lawsuit.
However, in some situations, injuries may not be immediately apparent. This is where California’s “discovery rule” comes into play. If the injury was not immediately apparent, the two-year clock may begin on the date you discovered (or reasonably should have discovered) that you were hurt and that someone else’s actions may be to blame.
For example, let’s say you slipped at a grocery store, felt fine at the time, but later developed chronic back pain. If medical evaluation reveals a spine injury that can be traced back to that fall, the discovery rule might give you extra time to file.
Exceptions That May Extend or Shorten the Deadline
While the two-year rule applies to most claims, there are several important exceptions. These can either toll (pause) the statute of limitations or shorten the timeframe within which you must act.
Some of the most common exceptions include:
- Injured minors – If the injured person is under 18, the clock usually doesn’t start running until they turn 18.
- Mental incapacity – If a person is unable to make legal decisions because of a disability or condition, the time limit may be paused until capacity is restored.
- Claims against the government – If a government agency is involved (e.g., city bus accident), you must file an administrative claim within six months of the injury. Only after completing this process can you file a lawsuit; missing the deadline may bar your claim entirely.
- Wrongful death claims – These must generally be filed within two years of the date of death, not the date of the underlying injury.
Every exception depends on the specific facts of the case, so obtaining legal guidance is key.
Why Timing Matters
The statute oobtaining f limitations is ncrucialjust a technicality; it can determine whether you have any legal remedy at all. Acting promptly has many benefits:
- Preserving evidence: The longer you wait, the harder it can be to gather police reports, surveillance footage, or witness testimony.
- Avoiding disputes: Insurance companies often raise the statute of limitations as a defense to deny claims.
- Maintaining leverage: Filing early may help you negotiate from a position of strength, rather than scrambling to meet a deadline.
Once time runs out, even a strong case won’t get its day in court.
How We Can Help
If you’ve been injured in Orange County, OC Trial Group, APC can protect your rights and make sure time doesn’t work against you. We handle a wide range of personal injury matters and understand the importance of acting within the legal timeframe.
From day one, we help you assess whether the statute of limitations is still open, preserve evidence, and take the right legal steps. Whether your case involves a public agency, a private company, or a complicated timeline, we’re ready to pursue the compensation you deserve.
Don’t Wait Until It’s Too Late
Deadlines matter in personal injury cases. If you think you may have a claim, don’t delay. Talk to a knowledgeable attorney who can evaluate your case and make sure your right to recovery is protected. Contact OC Trial Group, AP, today to schedule a consultation. The clock may already be ticking.