Miss This Deadline…
Lose Your Case.
It’s That Simple.
Start By Understanding Your Options.
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Filing an Insurance Claim Isn't
the Same as Filing a Lawsuit
After an accident, many people begin by reporting the collision to an insurance company. While that may start the insurance claim process, it does not necessarily protect the deadline for filing a lawsuit.
The statute of limitations is the legal deadline for bringing a lawsuit in court. Missing that deadline may affect your ability to pursue compensation through the court system, even if an insurance claim was opened earlier.
Understanding the difference between an insurance claim and a lawsuit may help you avoid a costly mistake.
Insurance claims and lawsuits often move on separate timelines. While an insurance claim may begin shortly after an accident, the deadline for filing a lawsuit continues to matter. Navigating these deadlines requires experience. A small mistake in calculating them can make the difference between preserving your right to recover compensation and having no recovery at all. By Garret A. Lungin, Attorney at Law.
What Is the Statute of Limitations in California?
California law sets deadlines for filing a lawsuit after an injury. These legal deadlines, known as the statute of limitations, determine how long you have to ask a court to decide your case.
Missing the applicable deadline may affect your ability to pursue compensation through the court system, regardless of whether an insurance claim has already been opened.
Some of the most common filing deadlines in California are:
You usually have 2 years from the date you were hurt to file a lawsuit. In some rare situations, the deadline may be different.
Personal Injury
such as car accidents, slip and falls, etc.
These deadline is much shorter. You usually have just 6 months from the date of injury to file a formal government claim before you can file a lawsuit.
Claims Against the Government
such as city, county, state or federal
You typically have 3 years from the date the damage happened to file a lawsuit.
Property Damage
such as vehicle or personal belongings
Different deadlines for filing a lawsuit may apply. Because these rules can be more complex, it's important to understand how they apply to your specific situation.
Claims Involving a Minor
when the injured person is under 18 years old
One of the most common mistakes we see is clients assuming they have plenty of time to file a lawsuit. Even a short delay can jeopardize your case. We make it a priority to assess deadlines on day one to protect every client’s legal rights. By Garret A. Lungin, Attorney at Law.
Why the Statute of Limitations Matters
Missing the deadline to file a lawsuit can have serious consequences. Some of the most significant include:
🔘 Case Dismissal: Courts will generally dismiss lawsuits filed after the applicable deadline.
🔘 Lost Opportunity to Recover Compensation: You may permanently lose the ability to recover compensation for medical expenses, lost income, pain and suffering, and other damages.
🔘 Reduced Legal Options: Even if an insurance claim has already been opened or settlement discussions are ongoing, missing the deadline to file a lawsuit may significantly limit your legal options.
Understanding these deadlines early allows you to make informed decisions while focusing on your recovery. Waiting too long can affect your ability to pursue compensation through the court system, regardless of whether an insurance claim was previously reported.
One Deadline You Don't Want to Miss
Taking timely legal action may help protect your rights while you continue recovering from your injuries. Depending on the circumstances, you may not have to wait until medical treatment is complete before filing a lawsuit.
Yana Di Bella of the Law Offices of Garret A. Lungin combines local knowledge with decades of experience helping injured Californians understand their options and avoid costly mistakes.
We help coordinate the documentation needed to support your claim while carefully tracking important legal deadlines.
Missing a deadline can affect your rights, which is why we make deadline management a priority throughout your case.
Don't Wait Until It's Too Late
Even a small delay can affect your ability to file a timely claim. A consultation can clarify deadlines and prevent costly mistakes.
Before Time Runs Out, Let's Talk.
Free Consultation. No Pressure. Get answers before making important decisions.
