The statute of limitations is the time the victim of a personal injury accident has to either settle their case or file a lawsuit against the responsible party.

For “normal” personal injury cases, like auto, bicycle, motorcycle, pedestrian or slip and fall accidents, the injury accident victim generally has two years to settle their claim. If settlement is not possible in this time, a lawsuit must be filed to preserve their rights. Otherwise, at the end of the two year statute of limitations, their legal rights expire.

Note, however, that when the party responsible for the accident is a governmental entity, such as a city, county, or state agency, a governmental claim form must be filed with the government entity within six months from the date of the accident. These claim forms can generally be found on the entity’s website. The government entity then has forty-five days to take action on the claim. If no action is taken, or if the claim is rejected, which happens in virtually every case, the victim then has six months from the date the claim is rejected to file a lawsuit.

In medical malpractice cases, the victim has only twelve months from the date of the injury (or the discovery of the injury) to file a claim with the medical provider notifying it of the claim.

The bottom line about statutes of limitations is that you don’t want to wait until the statute of limitations in your case is quickly approaching to consult with an attorney. Lawyers often do not want to take these cases on, as it is simply too much of a risk. It is best to consult with a lawyer as soon as possible to determine your legal rights and remedies.

If you have any questions about a particular personal injury case, please get your FREE online case evaluation by an experienced and focused personal injury lawyer on our team with 2 decades of of experience.

This video and accompanying text is not intended to be a source of legal advice for any purpose. Prior results do not guarantee a similar outcome. The information in this video and text does not constitute a guarantee, warranty or prediction regarding the outcome of your case.

Accident Client

“Last March, my partner was struck by a vehicle while crossing the street. During this difficult time of healing, we knew that bills were going to pile up and his was going to be a long process. After looking at multiple law firms, we knew that Sally Morin Personal Injury Lawyers was going to be the best place to work with. Lauren and her team were patient, supportive and caring during his difficult time. His schedule was always busy with work and doctor appointments that his main source of communication was through email. Lauren and her team made it to where he didn’t have to worry about anything but just sending over the paper work he got from the hospital, and other bill collectors involving his incident and they worried about the rest.

Because of all their help my partner Aaron, was able to heal with less worries on his shoulders. By end of December, everything was settled and we were pleased with the results. I’d like to give a huge thank you to Lauren & the Sally Morin team. If you’re looking for a law firm for your incident, I’d definitely look at this law firm.”

We're here to help with your Personal Injury claim

Check out our Personal Injury FAQ Page to learn more about how the process works.

We Handle Your Personal Injury Accident Claim So You Can Focus on Your Life

After an injury, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many areas of the law, including pedestrian and car accidents that involve speeding. We believe you should be able to focus on recovering while we handle the legal details.

We truly care about the people of San Jose and all of California. Contact us today for a
free online case evaluation.


It is essential to know your rights after a traffic accident so you can protect yourself and the value of your claim.
This guide will help you:

  • 1Know what to do when dealing with insurance claims, police reports and lawyers.
  • 2Avoid making mistakes that undermine the value of your claim
  • 3Put yourself in a position to get the best settlement possible