15 Jan 2019,

How Long Do I Have to Take Legal Action After a Car Accident?

If you were recently involved in a car accident and sustained injuries, you have a limited amount of time to take legal action. This is known as a statute of limitations and, once this time period expires, you will be prohibited from taking your case to court and receiving compensation for your injuries and other losses associated with the accident. Every state has a statute of limitations and it is important to be familiar with your state’s statutes to avoid missing out on the opportunity to hold the responsible party accountable for his or her reckless actions. In California, the statute of limitations to file a personal injury lawsuit is two years, whereas the statute of limitations to file a claim for property damage is three years.

Exceptions to the Rules

In some cases, it might take time for an injury to become apparent. It could take months or even a year before you start to feel the aches and pains associated with the injuries you sustained in an accident. If this happens to you, the statute of limitations is one year, beginning on the date the injury was discovered or should have reasonably been discovered.

If the accident involved a government vehicle, different rules will apply. Generally, the paperwork to file a claim for such accidents will have to be submitted in a much more timely fashion. Instead of having two to three years, you will have to file your claim within six months, beginning on the date of the injury. After filing the claim, the government will have 45 days to make a decision and to respond. If denied, you will have another six months to file a lawsuit with the courts. If you do not receive a rejection letter, you will have two years to file your lawsuit, beginning on the date of the accident.


If you sustained injuries in a car accident caused by another party’s reckless actions, the Carlsbad personal injury attorneys at the Levinson Law Group can help. Our legal team has more than 40 years of combined experience and have represented injury victims throughout North San Diego County in fighting for the compensation they deserve. You do not have to face this difficult time alone. Act now!

Contact our law office today at (760) 642-5475 to schedule a free consultation with a knowledgeable member of our legal team.