How Long Do I Have to Sue After a Car Accident in Granada Hills?

You were in a car accident in Granada Hills. Maybe weeks have passed. Maybe months. You've been focused on recovering from your injuries, dealing with medical appointments at Providence Holy Cross Medical Center, and trying to get back to normal life. Filing a lawsuit wasn't your first priority, and that's understandable.

But there is a deadline. If you miss it, your right to recover compensation disappears entirely. No exceptions, no extensions, no second chances. Here's what the law says and what it means for your case.

The Standard Deadline: Two Years

Under California Code of Civil Procedure Section 335.1, you have two years from the date of your car accident to file a personal injury lawsuit. This is called the statute of limitations. If your accident happened on June 23, 2024, your deadline to file suit at Chatsworth Courthouse is June 23, 2026.

This deadline applies to the filing of the lawsuit, not to the settlement of the case. Most car accident cases settle without litigation. But the statute of limitations is the backstop. If the insurance company knows your deadline has passed, they have zero incentive to offer you anything, because you've lost your ability to sue.

Two years sounds like a long time. It's not. Medical treatment takes months. Maximum medical improvement, the point where your doctors say you've recovered as much as you're going to, can take a year or more for serious injuries. Building a case file, documenting your damages, and negotiating with the insurer takes additional time. Attorneys regularly see people who waited a year and a half to call, leaving almost no time to properly prepare and file a case.

The Shorter Deadline: Government Entities (Six Months)

This is where people get caught off guard. If your Granada Hills car accident was caused in whole or in part by a government entity, you have just six months to file a government tort claim before you can file a lawsuit.

What counts as government involvement? A dangerous road condition on a street maintained by the City of Los Angeles. A malfunctioning traffic signal at Chatsworth St and Zelzah Ave maintained by the City or LA County. A hazardous condition on the 118 freeway maintained by Caltrans. A city-owned vehicle or employee who caused the crash.

The six-month deadline is for the administrative tort claim, not the lawsuit itself. You must file this claim with the appropriate government agency before you can sue. If you miss this deadline, your claim against the government entity is typically barred forever, even if you still have time under the two-year statute to sue the other driver.

This catches many Granada Hills residents. A pothole on Balboa Blvd contributes to an accident. The injured person spends six months recovering, then calls a lawyer. By then, the government tort claim deadline has already passed. The claim against the City of Los Angeles is gone.

If there is any possibility that a government entity contributed to your accident, act immediately. Six months is not a comfortable window. It's a tight deadline that requires prompt investigation and filing.

Exceptions to the Two-Year Rule

California law provides a few narrow exceptions where the statute of limitations may be extended.

Minors. If the injured person was under 18 at the time of the accident, the two-year clock doesn't start until their 18th birthday. A 16-year-old injured in a Granada Hills accident has until age 20 to file suit. However, the six-month government tort claim deadline is not tolled for minors in the same way, which creates a trap for families who don't realize they need to act quickly on the government claim while having more time on the general lawsuit.

Mental incapacity. If the injured person was mentally incapacitated at the time of the accident and unable to manage their own affairs, the statute may be tolled during the period of incapacity. This applies in cases involving traumatic brain injuries from the accident itself.

Delayed discovery. In rare cases, an injury is not discovered until well after the accident. The statute of limitations begins when the plaintiff knew or should have known about the injury. This exception is narrow and fact-specific. It does not apply to situations where you knew you were hurt but didn't realize how badly.

Defendant leaves the state. If the at-fault driver leaves California after the accident, the time they spend out of state may not count toward the two-year period. This is uncommon in Granada Hills cases but can arise.

These exceptions are narrow. Do not assume one applies to your situation without consulting an attorney.

What Happens if You Miss the Deadline

If the statute of limitations expires before you file suit, the court will dismiss your case. Period. The defendant's attorney will file a motion to dismiss, the judge will grant it, and your claim is over. No amount of evidence, no severity of injury, and no clarity of the other driver's fault will save a time-barred claim.

The insurance company also knows your deadline. Adjusters track statutes of limitations carefully. If they can delay negotiations until your deadline passes, they will. Without the ability to file suit, you have no leverage. The insurer can offer you pennies or nothing at all, and there's nothing you can do about it.

This is one of the strongest practical reasons to hire an attorney early. A Granada Hills car accident lawyer tracks all applicable deadlines from the day you retain them. Missed deadlines don't happen when an experienced attorney is managing your case timeline.

Property Damage Has a Different Deadline

The two-year statute of limitations applies to personal injury claims, meaning claims for your bodily injuries. Property damage claims, meaning claims for damage to your vehicle, have a separate three-year statute of limitations under California Code of Civil Procedure Section 338.

In practice, most people resolve their property damage claims quickly because they need their car repaired or replaced. But if your property damage claim is unresolved, know that you have an additional year beyond the personal injury deadline.

Wrongful Death Has Its Own Timeline

If a loved one died in a Granada Hills car accident, the wrongful death statute of limitations is also two years from the date of death. This is a separate cause of action from the survival action (which covers the deceased person's own damages before death). Both claims have specific deadline requirements that must be met.

Do Not Wait

The most common mistake people make after a Granada Hills car accident is waiting. Waiting to see if their injuries get better on their own. Waiting because dealing with a legal claim feels overwhelming. Waiting because they think they have plenty of time.

Every week you wait, evidence degrades. Surveillance footage from businesses near Balboa Blvd or Chatsworth St gets overwritten. Witnesses forget details or move away. The CHP or LAPD accident report becomes harder to obtain. Your medical records become less compelling if there are gaps in treatment.

Acting early preserves your options. It does not commit you to a lawsuit. It does not cost money (consultations and contingency representation are free upfront). It simply means an attorney is protecting your deadlines and your evidence while you focus on recovering.

L&F Brown handles car accident cases throughout Granada Hills. If you're unsure whether your deadline is approaching, contact our Granada Hills personal injury team today for a free evaluation. We'll tell you exactly where you stand.

Free Consultation

Injured in Granada Hills? Talk to a local attorney, no fee unless we win.

Learn about our Granada Hills personal injury services →
Common Questions

Frequently Asked Questions

Does the two-year deadline start from the date of the accident or the date I discovered my injury?
For most car accident cases, the clock starts on the date of the accident. The delayed discovery rule applies only in rare situations where the injury was not and could not have been known at the time of the crash. If you knew you were hurt but didn't realize how seriously, the standard two-year deadline still applies from the accident date.
What if a pothole or road defect in Granada Hills caused my accident?
If a government-maintained road condition contributed to your crash, you must file a government tort claim within six months of the accident. This applies to City of LA streets like Balboa Blvd and Chatsworth St, as well as Caltrans-maintained freeways like the 118. Missing this six-month deadline typically bars your claim against the government entity permanently.
Can I still negotiate with insurance after the statute of limitations expires?
Technically yes, but practically no. Once the statute of limitations expires, the insurance company knows you cannot file a lawsuit. Without that leverage, they have no incentive to offer a fair settlement. Most insurers will reduce or withdraw their offer entirely once they confirm the deadline has passed.
See how we can help today
and prepare you for tomorrow.

No fee unless we win · 4.9★