Knowing the timeframe for filing a lawsuit after an accident is critical in Los Angeles, California. At Law Offices of Howard Kornberg, we help ensure clients understand when legal action must begin so their rights are protected.
The key deadline in California for most personal injury or wrongful death lawsuits is two years from the date the injury occurred. This is set out under the state statute of limitations.
For example, if you were injured in a car collision on July 1, 2024, you generally would have until July 1, 2026 to commence the lawsuit.
However, the challenge is that several specific exceptions and alternate deadlines apply depending on the circumstances.
Why People Struggle
- Assuming the deadline is always “two years” without checking for exceptions, some claims involving a public agency must start much sooner.
- Failing to understand when the “clock” starts, either at the date of the accident or, in some cases, at a later date such as the victim’s death.
- Missing the statute entirely because the injury was discovered late, or the injured person was a minor or incapacitated, which affect tolling rules. (Sac Law – Statutes of Limitations)
- Delaying legal consultation until after the deadline has passed, believing there is “plenty of time”, witnesses fade, evidence disappears, and the right to sue may be lost.
- Confusing insurance claim deadlines with lawsuit deadlines, filing a claim with an insurer is different from filing a lawsuit in court. The lawsuit deadline is the statutory “statute of limitations”.
If alcohol or drugs were involved understand how DUI convictions impact car accident claims in Los Angeles and what that means for fault insurance and potential damages.
In this article, you’ll learn how to avoid these pitfalls and make informed choices.
What You Must Do and When
It is important to act promptly after an accident in Los Angeles because:
- Evidence such as photographic scene documentation, witness statements, and medical records become harder to obtain over time.
- The two-year deadline for most personal injury lawsuits in California is firm (California Courts – Statute of Limitations). If a loved one was lost in a fatal car accident, different rules may apply and additional steps are required for a wrongful death claim. Understanding who can file and how to preserve evidence early will help protect your family’s rights.
Here is what to do:
If your crash just happened and you need a step by step checklist read what to do after a car accident for immediate actions to protect your health and your claim.
- Seek medical care immediately and keep careful records of treatment, diagnosis, and recovery.
- Notify your lawyer at Law Offices of Howard Kornberg (Los Angeles) as soon as possible to evaluate your case and preserve rights.
- Your personal injury attorney will determine exactly when the statute of limitations begins (often the accident date) and monitor key deadlines.
- Gather and preserve evidence, photos of the scene, vehicle damage, witness contact info, police or accident reports.
- Begin the legal process well in advance of the deadline; waiting until the final days risks missing important steps or court filing requirements.
Common Mistake: Waiting Too Long
A frequent mistake is assuming the “two-year” rule always gives plenty of time and delaying action. Why this happens:
- People believe small injuries are not worth it, then months later their condition worsens and the deadline passes.
- Some believe they can wait until treatment ends, however the statute may start at the accident date regardless.
- Claims against government agencies have much shorter deadlines, sometimes six months, and require special notice forms.
The correct approach is to consult your attorney early, identify all applicable deadlines, and take action while evidence is fresh. Waiting may cost you the right to sue.
What You Can Expect When You Act Timely
When you engage legal counsel promptly and comply with deadlines:
- Your attorney can gather stronger evidence, medical records, expert testimony, and scene documentation all become more reliable when initiated early.
- You safeguard your right to file the lawsuit, missing the statute of limitations generally means your case will be dismissed.
- You retain leverage in settlement negotiations, knowing the claim is actionable makes insurance companies more responsive.
- You avoid surprises about shortened deadlines, you’ll have clarity about whether the standard two-year limit or a special shorter deadline applies (such as for claims involving public entities).
For immediate help after a crash and to understand your rights speak with our car accident attorney in Los Angeles for a free consultation about your options.
Frequently Asked Questions
How long after a car accident can I sue in California?
Generally, you have two years from the date of your injury to file a personal injury lawsuit in California.
Does the two-year deadline apply if a government vehicle caused the accident?
No. If the defendant is a government entity, you may need to file a claim within six months and then a lawsuit within a year or two depending on how the entity responds.
What happens if I miss the deadline?
If you miss the statute of limitations, a court will likely dismiss your case, meaning you may lose the ability to recover damages entirely.
For help determining how long you have to act after an accident in Los Angeles, contact Law Offices of Howard Kornberg at (310) 997-0904
