California’s two-year statute of limitations impacts Fresno accident victims by limiting how long they have to take legal action. If they miss the deadline, they lose the right to seek compensation for injuries or damages. This law pressures victims to act quickly, encouraging you to gather evidence, contact an attorney, and file your claim before the legal window closes.
The statute of limitations in California gives you a strict deadline to file a personal injury lawsuit after an accident, typically the two-year deadline from the date of your injury. Missing this deadline means losing your right to seek compensation forever, regardless of how severe your injuries are or how apparent the other party’s fault may be.
For government-related accidents, you have only a six-month deadline to file an administrative claim before you can pursue a lawsuit.
These deadlines ensure that cases are filed while the evidence is still fresh and witnesses’ memories are still clear. But the rules can be hard to understand.
For example, there are different deadlines for different types of cases, special rules for minors or injuries that are discovered later, and different rules for claims against cities, counties, or state agencies.
Understanding when your clock starts ticking and what steps you need to take can make the difference between recovering fair compensation and walking away with nothing.
Here we will explore how California’s statute of limitations works for Fresno accident victims, including specific deadlines for different case types, when the clock starts running, and how to protect your legal rights before time runs out.
Why Deadlines Matter After a Fresno Accident
After an accident, you have to deal with injuries, medical bills, and calls from your insurance company. You also need to know about California’s strict legal deadlines right away.
A statute of limitations is a law that sets how long you have to file a lawsuit after getting hurt. This deadline is absolute, which means if you miss it by even one day, you lose your right to seek money for your injuries forever.
These time limits exist to ensure cases are filed while the evidence is still fresh and witnesses remember what happened. Understanding these deadlines is crucial to protecting your legal rights and your family’s financial future.
What Is a Statute of Limitations in California
The law gives you a certain amount of time to file a lawsuit after something happens. This is called the statute of limitations. It’s like an expiration date: once it passes, your legal claim is no longer valid.
The court must throw out your case if you file too late, no matter how serious your injuries are or how strong your evidence is. This harsh rule applies to everyone, with very few exceptions.
Here are key terms you need to understand:
Filing deadline:
The last possible day you can file your lawsuit in court
Tolling:
Legal reasons that might pause or extend your deadline
Discovery rule:
When your deadline starts from the day you found out about your injury, not when it happened
How Long Do You Have To File a Personal Injury or Wrongful Death Case
For most personal injury cases in California, you have exactly two years from the accident date to file your lawsuit. Wrongful death claims also follow the two-year rule for wrongful death, starting from the date the person died.
But different types of cases have different deadlines. Here’s what you need to know about common accident cases:
| Case Type | Time Limit | Clock Starts |
| Personal Injury | 2 years | Date of accident |
| Wrongful Death | 2 years | Date of death |
| Property Damage | 3 years | Date of damage |
| Government Claims | 6 months | Date of incident |
The two-year deadline applies to people who were driving, walking, or riding in a car. You still have to meet this deadline, even if the other person was clearly at fault.
When Does the Clock Start on a California Injury Claim
Figuring out exactly when your deadline starts can be tricky. It’s not always the day of your accident.
Date of Injury vs Date of Discovery
Most of the time, your two-year deadline starts on the day you got hurt. But sometimes injuries don’t show up right away, especially with traumatic brain injuries or illnesses from toxic exposure.
California’s “discovery rule” can help in these situations. This rule starts your deadline clock on the day you discovered your injury and figured out what caused it.
Courts are very strict about this rule, though. If you saw a doctor and had symptoms, they might say you should have known something was wrong earlier than you think.
Special Rules for Minors and Legal Disability
If the injured person is under 18, the deadline is paused by a minor tolling pause until they turn 18; they then have two more years to file, giving them until their 20th birthday.
People who are legally mentally incapacitated also get extra time. Their deadline stays paused until they’re declared competent again.
Parents can’t give up their child’s right to sue, even if they want to settle quickly. The court has to approve any settlement involving a minor.
Defendant Out of State or Unknown Driver
If the person who hurt you leaves California, your deadline might get paused until they come back. This prevents people from running away to avoid lawsuits.
But hit-and-run cases are different. You still have to file claims with your own insurance company under your uninsured motorist coverage, and those have their own strict deadlines.
Deadlines by Common Fresno Case Types
The two-year rule applies to most accident cases, but it’s essential to know how it works for your specific situation.
Car, Truck, and Motorcycle Accidents
Vehicle accidents follow the standard two-year rule from the date of the crash. This includes crashes involving cars, trucks, motorcycles, bicycles, and pedestrians.
Even if you think your injuries are minor at first, you should still be aware of this deadline.
Sometimes injuries get worse over time, and you’ll want to keep your legal options open.
Commercial truck accidents can be more complicated because trucking companies often destroy evidence quickly. Getting a lawyer involved early helps preserve important information.
Slip and Fall and Premises Liability
If you got hurt on someone else’s property, you have two years to file a lawsuit. This includes slip and falls, dog bites, and other accidents on private or business property.
Property owners often fix dangerous conditions right after an accident happens. Getting photos and witness information quickly is crucial for these cases.
Security camera footage usually gets deleted or recorded over within days or weeks. Acting fast helps preserve this critical evidence.
Wrongful Death Claims
Families have two years from the date of death to file a wrongful death lawsuit. California law is specific about which family members can file these claims.
Typically, spouses, children, and parents of unmarried children can file. Other family members might qualify in certain situations.
Wrongful death cases are emotionally difficult and legally complex. Getting help from an experienced lawyer can guide your family through this challenging process.
Medical Malpractice Claims
Medical malpractice has one of the most complicated deadline rules. You must file within one year of discovering the malpractice OR three years from when it happened, whichever comes first.
There’s also a hard deadline of three years from the negligent act, even if you didn’t discover it until later. The only exception is for foreign objects left in your body during surgery.
Because these rules are so complex and strict, you should contact a lawyer immediately if you suspect medical malpractice.
Property Damage Only Claims
If your accident only damaged your car or other property without injuring you, you have three years to file a claim. This is separate from personal injury deadlines.
You can pursue property damage and personal injury claims at the same time if you were hurt. They have different deadlines, so don’t assume they’re the same.
Claims Against Government Entities in Fresno
When a government employee or government property causes your injury, completely different rules apply. These deadlines are much shorter and stricter.
Government Tort Claim Six-Month Deadline
You have six months from the date of your accident to file a formal claim with the government agency. This isn’t a lawsuit yet; it’s just a necessary first step.
Missing this six-month deadline almost always results in the permanent death of your case. There are very few exceptions, and they’re extremely hard to prove.
After the government denies your claim (which they usually do), you then have six months from the denial date to file an actual lawsuit in court.
Fresno Examples City, County, Caltrans, FAX, Schools
This special six-month rule applies to accidents involving any government entity in the Fresno area. You must act quickly if your accident involved any of the following common examples:
City and County Incidents
Accidents involving the City of Fresno often include collisions with police cars, injuries caused by dangerous sidewalks, or hazards at poorly maintained city parks. Incidents in Fresno County may occur at county hospitals, jails, or involve vehicles operated by the sheriff’s department.
State and Local Transit
Accidents caused by dangerous highway conditions on State Route 99, 41, or other major state roads fall under Caltrans liability. Additionally, crashes involving FAX buses or injuries sustained at their bus stops are also subject to this accelerated timeline.
School and Public Services
If there is an accident involving a local school district, whether it happens on school grounds, at an event, or with a school bus, it is a government claim. Even if you’re not sure if a government agency was involved, it’s always best to file the claim just in case. You can always go to private parties later if you need to.
How Deadlines Affect Insurance Negotiations
Insurance companies know exactly when your deadline expires. Some adjusters will deliberately drag out negotiations, hoping you’ll run out of time to file a lawsuit.
Once your deadline passes, they have no legal obligation to pay you anything. They can simply refuse to negotiate because they know you can’t sue them anymore.
Filing a lawsuit before your deadline expires protects your rights and puts pressure on the insurance company. You can still negotiate and settle even after filing the lawsuit.
Don’t let an insurance company rush you into a quick settlement by claiming you’re running out of time. Get legal advice to understand your real deadlines and options.
What Happens If You Miss the Deadline
Missing your statute of limitations deadline has devastating consequences. The defendant will ask the court to dismiss your case, and the judge must do it.
It doesn’t matter how badly you were hurt or how apparent the other person’s fault is. Once the deadline passes, your case is over before it starts.
There are a few extremely narrow exceptions, but they’re very hard to prove:
Fraudulent concealment:
The defendant actively hid their wrongdoing from you
Continuing violation:
The negligent conduct kept happening over time
Equitable estoppel:
The defendant’s promises prevented you from filing on time.
These exceptions are rare and require strong evidence. For most accident victims, a missed deadline means permanently losing the right to compensation.
How To Protect Your Rights Before Time Runs Out
Taking quick action after an accident is the single best way to protect your legal claim and preserve vital evidence. Due to the rapid disappearance of evidence and the fading memories of witnesses, your activities in the first few months are critical.
Immediate Steps (First 30 Days)
The first month is dedicated to establishing your injuries and documenting the scene. You must get medical attention immediately for all your injuries, no matter how minor they seem. Simultaneously, you should report the accident to the police and your insurance company.
Crucially, take photos of the accident scene, your injuries, and any property damage, and secure contact information from all witnesses. Begin keeping all your medical records and bills organized in one place.
Building Your Case (Within 60 Days)
By the second month, focus shifts to collecting official documentation and building the narrative of your case. You should obtain a copy of the official police report once it is available and start gathering all relevant medical records and treatment notes.
This is also the time to begin thoroughly documenting how your injuries are affecting your daily life and work. Critically, you should consult with an experienced personal injury attorney for a free case review to understand your legal standing.
Protecting Your Claim (Within 90 Days)
As you approach the 90-day mark, be aware of strict legal deadlines. If any local, county, or state government entity might be responsible for your accident, make sure your formal claim gets filed well before the rigid six-month deadline. Continue to follow up on all recommended medical treatment and keep detailed records of every visit.
Most importantly, avoid giving recorded statements to insurance companies without first obtaining legal advice, as these statements are often used against you. The sooner you start these steps, the stronger and more successful your case will be.
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What Does It Cost To Hire a Fresno Injury Lawyer
Many accident victims worry about legal fees when they’re already facing medical bills and lost wages. At Kuzyk Personal Injury & Car Accident Lawyers, we handle all personal injury cases on a contingency fee basis.
This means you don’t pay any attorney fees unless we win your case. We advance all the costs of investigating and preparing your case, from filing fees to expert witnesses.
A free consultation lets you understand your legal rights and deadlines without any financial risk. We’ll review your case, explain your options, and help you know what deadlines apply to your situation.
Our decades of experience with Fresno courts and local insurance companies give our clients a significant advantage. We know how to build strong cases and negotiate fair settlements.
Time is Running Out: Get Your Free Fresno Accident Case Review Today
Your legal deadline is already counting down, whether you realize it or not. Every day that passes brings you closer to potentially losing your right to compensation forever.
Don’t let a missed deadline prevent you from getting the justice you deserve. Kuzyk Personal Injury & Car Accident Lawyers has been fighting for Fresno families for decades, and we’re ready to help you, too.
We offer free consultations 24/7 because we know accidents don’t happen on a schedule. Our experienced legal team will review your case, explain your deadlines, and help you understand your options.
Contact us today for your free, no-obligation consultation. We’ll fight to protect your rights while you focus on getting better.
Frequently Asked Questions
Can the Discovery Rule Extend My Two-Year Deadline for Filing a Personal Injury Lawsuit?
The discovery rule can extend your deadline, but only when your injury wasn’t immediately apparent. Courts interpret this rule very strictly, so it mainly applies to cases like gradual illnesses from toxic exposure or delayed symptoms from brain injuries. You should speak with a lawyer immediately to see if this exception might apply to your specific situation.
Do I Still Have Two Years to Sue if a Government Vehicle Hit Me?
No, accidents involving government entities follow much stricter rules. You must file a formal administrative claim within six months of the accident, not two years. After the government denies your claim, you then have six months from the denial to file a lawsuit. Missing the initial six-month deadline usually results in the permanent closure of your case.
Will Talking to Insurance Companies Pause My Statute of Limitations Deadline?
No, insurance negotiations never pause or extend your filing deadline. You must file your lawsuit in court before the legal deadline expires, even if you’re actively negotiating a settlement with the insurance company. Many insurance adjusters know this and will deliberately delay negotiations, hoping you’ll run out of time to sue.
