Don’t Wait: Understanding California’s 2-Year Deadline for Accident Claims

Time is of the essence when it comes to filing a personal injury claim in California. Whether you’ve been involved in a car accident, a slip-and-fall incident, or any other type of personal injury case, knowing the deadlines and taking immediate action can make or break your case. In this post, personal injury lawyer Justin King breaks down the California statute of limitations, why acting promptly is crucial, and how consulting a lawyer early can protect your rights.

Understanding the 2-Year Statute of Limitations

In California, the statute of limitations for filing a personal injury lawsuit is generally 2 years from the date of the accident. This means you have a limited window to initiate legal action against the responsible party. Once the 2-year period expires, you lose your right to seek compensation for your injuries or damages.

However, it’s critical not to wait until the last minute. Justin King emphasizes that cases only get more challenging to prove as time passes. Evidence disappears, memories fade, and opportunities to strengthen your case may be lost forever.

Why Acting Early Can Strengthen Your Case

Waiting too long to consult a lawyer can put your claim at risk. Here are some key reasons why acting quickly is crucial:

Preserving Evidence: In slip-and-fall cases, for example, conditions at the accident scene may change. A leaking ice machine that caused the hazard could be repaired, making it difficult to prove fault.
Documenting Vehicle Damage: After an auto accident, your vehicle’s damage can provide essential evidence of the severity of the collision. Insurance companies often auction off vehicles within 45-50 days, erasing this vital information.
Accessing Black Box Data: Many modern vehicles are equipped with black boxes that store crash impact data. This information can reveal speeds, impact severity, and more, but it must be downloaded promptly.

By consulting a personal injury lawyer early, you can ensure these time-sensitive elements are documented and preserved to support your claim.

Special Cases: Government Claims and Minor Victims

Some situations require even faster action. For example, if your case involves a public employee, a dangerous condition of public property, or another governmental entity, you must file a government claim within 6 months of the accident. Failing to meet this strict deadline can bar you from pursuing legal action against the public entity.

For minors, the rules differ slightly. Although the statute of limitations is still 2 years, the clock doesn’t start ticking until the victim turns 18. After turning 18, you then have 2 years to file a lawsuit.

When Is the Right Time to File a Case?

The best time to file a personal injury lawsuit is as soon as your medical treatment is complete and your long-term prognosis is clear. At this point, you have a comprehensive understanding of the damages—both physical and financial—you’ve suffered.

According to Justin King, there’s no reason to delay filing a case. “Cases don’t get better with time; they tend to get worse,” he explains. Filing early allows lawyers to start discovery, collect evidence, and push the case toward resolution. If settlement negotiations fail, your case will already be positioned to proceed to trial without wasting precious time.

Take Action Today

If you’ve been injured in an accident, don’t wait to consult with a lawyer. The clock is ticking, and every day that passes could jeopardize your ability to secure fair compensation. Contact an experienced personal injury attorney who can guide you through the process, preserve critical evidence, and protect your rights.

Have questions about your specific situation? Reach out to The Law Offices of Justin H. King for expert advice and personalized assistance. Don’t let time run out on your chance for justice—act now!

Categories : Statute of Limitations

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By Justin H. King, Esq. | Posted on January 29, 2025

17:05 25 Oct 24

Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.

Savana Martinez

18:30 04 Sep 24

The team at Law Office of Justin King went above and beyond with my case.It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.Thank you to this amazingly firm !

Hate Nine

06:01 04 Sep 24

Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!Google only allows 5 stars, but these guys deserve 10!

Vivian Garcia

01:00 15 Aug 24

I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.

Lisa Perchez

21:53 29 Jul 24

Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.

Leslie S.

18:26 13 Jul 24

I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!

Melinda Jordan

09:02 18 Dec 22

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

04:14 18 Dec 22

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

03:45 18 Dec 22

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

04:43 01 Dec 22

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

06:13 17 Nov 22

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.