California Personal Injury Statute of Limitations – 2025 Updated

When a person is injured by another person’s actions, they often aren’t thinking about the intricate laws that apply to their case. It’s important to research California’s personal injury statute of limitations to understand the deadline for filing a legal claim.

Hire a Personal Injury Lawyer Who Cares

The team at Freeman & Freeman, LLP has years of experience helping our California neighbors and community members through their most challenging times. We value helping those who need it most.

Everyone should have reasonable access to competent legal services. We strive to be a solid part of our client support system, giving them the tools they need to take back control of their lives.

Common Personal Injury Incidents

In 2022, in the United States, there were 26.2 million emergency room visits for unintentional injuries. These injuries can have serious consequences. In one moment, your entire life can change forever. Common personal injuries include:

• Workplace accidents. In 2023, there were 363,900 reported cases of workplace injuries and illnesses in California’s private industries. People deserve to feel safe at their workplace. When an injury happens, it can feel like their entire livelihood is threatened.
• Premises liability. This happens when the party responsible for a property fails to keep it safe, resulting in injuries to visitors.
• Medical malpractice
• Car accidents. Car crashes are a leading cause of death in America, as most states rely on cars for transportation. There were 4,061 traffic deaths in 2023 in California. Most crashes are caused by avoidable actions, such as speeding or driving under the influence.

When your injury is a result of another party’s actions or inaction, it’s normal to feel anger. Seeking compensation won’t take away the pain of what happened to you, but it can help ease your financial burdens.

California’s Deadline for Filing a Personal Injury Claim

In California, if you’re hurt because of another party, you usually have two years from the date of the injury to file a personal injury claim. This is known as the statute of limitations. If you fail to submit your claim in time, you will likely lose the chance to seek compensation, and the court will not hear your case.

While this timeline can seem long, it’s important to file promptly after an incident. Evidence tends to disappear quickly. Witness memories may fade, and surveillance footage of the incident may be overwritten. Filing as soon as possible can help ensure a successful outcome in your case.

There are special rules if the incident involved a government agency or employee, such as someone getting hit by a police car. In these cases, you usually have only six months to submit a claim.

How Courts Determine Fault in a Personal Injury Case

California courts follow a pure comparative negligence system. This means that if you’re partially at fault for your own injury, your compensation may be reduced by your percentage of fault. For example:

• If you were texting and distracted before you slipped on a spill in a grocery store aisle, you may be assigned 30% at fault for the incident and resulting injuries.
• If the grocery store didn’t have a ‘wet floor’ sign displayed and the spill had been there for a long time, with prior knowledge of it, the owner may be assigned 70% at fault for the incident.
• If you won a $100,000 settlement, it would be reduced by 30%, making your final compensation $70,000.

While that final amount may still seem substantial, your monetary and emotional losses may also be high. It’s important to hire a personal injury lawyer to help you calculate the maximum amount of compensation that you can request in your unique case. They’ll be able to fight on your behalf for what’s fair.

FAQs

What Steps Should I Take After a Personal Injury Incident?

The first priority after a personal injury incident is to call 911 and seek immediate medical attention. Even if you feel fine, certain injuries may not present symptoms until it’s too late. Be sure to get the other party’s contact information. During this time, don’t admit fault or apologize, as it can be used against you later in your case. Collect the contact information of anyone who witnessed the incident happen. Then, hire a personal injury lawyer.

What Evidence Can Help My Personal Injury Claim?

Diverse evidence can help support your personal injury claim. Courts make their decision based on the evidence provided during the case. Your lawyer can help collect eyewitness statements and testimony about what caused the incident. You can include copies of the incident report and your medical records.

It’s helpful to provide photos and videos taken at the time of the incident, such as the incident site, your visible injuries, and any damage to your personal belongings.

What Are the Two Types of Damages I Can Seek in an Injury Case?

The two types of damages that can be sought in an injury case are economic and non-economic damages. These damages are calculated based on the real losses incurred as a result of your injuries.

Economic damages can be calculated using your financial losses, such as medical bills or any lost income from missing work due to your injury. Non-economic damages can be calculated based on your emotional losses, such as loss of enjoyment of life or pain and suffering.

What Are Punitive Damages?

Punitive damages are a special type of damage that can be requested during a personal injury case. Your lawyer will be able to help you determine if they can be requested. They’re only awarded when the guilty party acted with extreme malice or negligence, such as an extremely drunk driver hitting you. These damages are awarded by the court to further punish the guilty party and deter similar behavior in the future.

Choose a Reliable Personal Injury Law Firm in California

Clients work with Freeman & Freeman, LLP because of our attorneys’ efficiency and strong legal advocacy. Contact our office today to schedule your confidential consultation. During your meeting with one of our attorneys, they’ll be able to provide transparent legal guidance so you can make informed decisions regarding your case.