What Is the Statute of Limitations for Personal Injury? (Video)

Diana Diskin: If you’ve been injured in an accident, one of the most important legal questions you can ask is also one of the easiest to miss: how much time do I actually have to take action?

That deadline is called the statute of limitations. If you miss it, you may lose your chance to take legal action — even if the accident wasn’t your fault.

Hi, I’m Diana Diskin, attorney with Los Angeles Truck Accident Lawyers.

What is the statute of limitations? The statute of limitations is simply a deadline. It’s the amount of time the law gives you to file a lawsuit after an injury or a death. Once that deadline passes, courts won’t hear the case — no matter how serious the injury is.

In personal injury cases and wrongful death cases, the clock usually starts on the day of the accident.

Accidents involving government vehicles, government property, or government employees follow different rules. If you were hurt by a city truck, a public bus, or a government-owned vehicle, many states require you to file a special notice first — sometimes within just a few months.

This is not the same as filing a lawsuit. It’s an extra step, and missing it can end the case before it even begins.

There is no one national deadline. Every state sets its own rules. Some give one year. Others give two, three, or even four years.

The deadline that applies depends on where the accident happened and who was involved. That’s especially important in truck accidents, which often involve companies or drivers from more than one state.

For example, here in California, most personal injury and wrongful death cases have a two-year deadline. But if a government agency is involved, the first notice usually has to be filed within six months.

These time limits are strict, and they apply even when fault seems obvious.

The statute of limitations exists to create fairness and finality in the legal system. Over time, evidence disappears, memories fade, and witnesses become unavailable. The law sets deadlines so claims are brought while facts are still reliable and both sides have a fair chance to present their case.

It also protects people and companies from facing legal exposure indefinitely, which would make it impossible to plan or operate responsibly.

Can the statute of limitations be extended? Sometimes, yes — but only in very specific situations.

A statute of limitations doesn’t automatically extend just because someone didn’t know their rights or waited too long. There has to be a legally recognized reason.

That’s where the concept of tolling comes in. When a statute of limitations is “tolled,” it means the legal clock is paused for a period of time.

The deadline doesn’t disappear — it simply stops running temporarily under certain conditions.

One example can include when the injured person is a minor. Once the tolling period ends, the clock starts running again — it doesn’t reset.

Deadlines are one of the most common reasons people lose their legal options. If you’re unsure how much time you have, don’t guess. Learn the rules that apply to your situation and your state.