September 22, 2025
What Is The Statute Of Limitations For Personal Injury Cases In San Diego?
If you’ve been hurt in an accident, knowing how long you have to take legal action is essential. In San Diego, strict deadlines called statutes of limitations determine when a lawsuit can be filed. Missing these deadlines could cost you the right to seek compensation. It is always good to consult a personal injury lawyer in San Diego to know the statute of limitations applicable in your case. This blog explains how the statute of limitations works and why timely action is critical.
General Rule: Two-Year Limit for Most Personal Injury Claims
In California, including San Diego, most personal injury lawsuits must be filed within two years from the date of the injury. This applies to cases such as car accidents, slip-and-falls, dog bites, or other negligence-related injuries. If you miss this two-year window, the court will likely dismiss your claim, no matter how strong your case may be.
Exceptions to the Two-Year Statute
While two years is standard, several important exceptions can extend—or shorten—the deadline:
Claims against government entities: If you’re suing a city, county, or state agency, you must file an administrative claim within six months of the injury. If the claim is denied, you typically have another six months to file a lawsuit.
Discovery Rule: In some cases, the harm isn’t obvious right away. The time limit starts once the injury is identified or should have been identified through reasonable awareness. This is common in cases involving toxic exposure or hidden medical issues.
Minors or incapacitated victims: If the injured person is under 18, the statute of limitations is paused until their 18th birthday. This means they usually have until age 20 to bring a claim. Similarly, if someone is mentally incapacitated, the deadline may be extended.
Medical malpractice: Medical malpractice cases have a shorter timeframe: one year from discovery of the injury or three years from the injury itself, whichever comes first.
Why the Deadline Matters
The statute of limitations is designed to ensure fairness in the legal process by keeping evidence fresh and reliable. Missing the deadline means permanently losing the right to pursue compensation, even if you have a strong case. For this reason, consulting a personal injury lawyer San Diego as soon as possible is crucial.
Quick Reference Deadlines
| Type of Case | Deadline to File Lawsuit |
| General personal injury | 2 years from injury |
| Government Claims | submit a claim within six months, and the timeline for filing a lawsuit can differ afterward |
| Delayed discovery cases | 2 years from date of discovery |
| Minors or incapacitated victims | Extended until age 18 (or recovery) |
| Medical negligence | 1 year from when the issue is found or three years from when it occurred |
Understanding the statute of limitations is vital when pursuing justice after an accident in San Diego. Taking prompt action helps keep your claim valid and safeguards your legal rights. A knowledgeable personal injury lawyer San Diego can guide you through the legal process, handle the complexities of filing deadlines, and help secure the compensation you deserve before time runs out.At Injury Trial Lawyers, our dedicated team fights to protect the rights of accident victims across San Diego. Contact us today for an initial consultation and let an experienced attorney guide you toward the justice and compensation you deserve.
Tags: injury claim lawyer San Diego, personal injury statute of limitations, San Diego accident attorney, San Diego legal deadlines, San Diego personal injury