Personal injury claims don’t last forever. Every state has strict deadlines, known as statutes of limitations, that determine how long someone has to take legal action after an injury. Missing these deadlines can permanently eliminate the right to recover compensation, regardless of how strong the case may be. 

What is a statute of limitations? 

A statute of limitations is a legal deadline that determines how long an injured person has to file a lawsuit. In California, most personal injury claims are subject to a two-year statute of limitations based on the California Code of Civil Procedure § 335.1, meaning a lawsuit generally must be filed within two years from the date of the injury. This time limit applies regardless of whether insurance negotiations are ongoing or medical treatment is still in progress. 

Certain types of claims have much shorter deadlines. For example, claims involving government entities often require formal notice within months of the incident, not years, under the California Government Code §§ 810–945.6. California law imposes specific procedural requirements for these cases, and failing to meet them can bar a claim before it ever reaches court. 

Once the statute of limitations expires, courts will typically dismiss the case automatically, regardless of how strong the evidence may be. Judges generally have no discretion to extend these deadlines, which is why understanding and tracking applicable time limits is a critical part of preserving legal rights after an injury. 

Why Timing Matters More Than People Expect 

Many people assume the statute of limitations begins immediately after an accident, but legal deadlines are not always that straightforward. In some cases, the start of the filing period depends on when an injury is discovered rather than when the incident occurred. Other situations, such as cases involving minors, medical malpractice claims, or injuries caused by government entities, may follow different timelines or require additional procedural steps. Determining when the deadline begins often requires a careful review of the facts and the applicable law. 

Even when a claim is still technically within the statute of limitations, waiting too long can make it significantly harder to prove. Evidence tends to degrade over time. Witnesses may forget details, surveillance footage is often deleted as part of routine data retention policies, and physical evidence can be lost or altered. Medical records may also become less precise as treatment continues or symptoms evolve, making it harder to clearly link an injury back to the original event. 

Legal and judicial guidance consistently emphasizes the importance of acting early to preserve evidence. Courts and legal authorities recognize that timely action improves reliability and reduces disputes over causation and credibility. Addressing potential claims sooner rather than later helps ensure that evidence remains available and that the record accurately reflects what occurred. 

Insurance Companies Track Deadlines Closely 

Insurance companies are highly attuned to legal deadlines and the expiration of statutes of limitations. Adjusters are trained to monitor claim timelines closely and may sometimes intentionally delay negotiations as filing deadlines approach, knowing that an expired claim removes any legal obligation to pay, even in cases where liability is clear. From the insurer’s perspective, timing is a key part of claims strategy: a missed deadline can effectively eliminate the claim without the need to dispute fault or damages. 

Because of this, relying solely on ongoing settlement discussions or informal communications can be risky. Delaying formal action or assuming that the insurer will continue to negotiate indefinitely may result in lost rights to compensation. Legal authorities and court guidance consistently emphasize that understanding and adhering to filing deadlines is critical to protecting a claim. Acting proactively ensures that evidence remains intact,deadlines are met, and negotiation leverage is preserved, even while discussions with the insurance company continue. 

Government claims have especially short deadlines 

Claims involving city, county, or state agencies are subject to significantly shorter deadlines than typical personal injury lawsuits. In California, for example, individuals seeking compensation for injuries caused by a public entity generally must submit a written claim within six months of the incident in accordance with California Government Code § 911.2. Missing this notice deadline can bar a claim entirely, even if the injury is severe and liability is clear. Courts have consistently enforced these requirements strictly, emphasizing that timely notice is a condition precedent to filing a lawsuit against a government entity (California Government Code §§ 900–945.6; Judicial Council of California, 2024). 

The short timeframe for government claims underscores the importance of acting promptly. Unlike private claims, where evidence deterioration or insurance negotiations are the primary concerns, public entity claims can be dismissed outright for procedural reasons if notice is late. Legal resources highlight that submitting accurate and timely notice not only preserves the right to file a lawsuit but also ensures that the government agency has the opportunity to investigate and document the incident properly. Understanding these deadlines and the required procedures is essential for protecting legal rights and avoiding automatic dismissal.