How Long Do I Have to Sue After a Car Accident in Sherman Oaks?

One of the most important things to understand after a car accident in Sherman Oaks is that you have a limited window to take legal action. Miss the deadline and you may lose your right to compensation entirely, no matter how serious your injuries or how clear the other driver's fault.

California's Standard Statute of Limitations

California Code of Civil Procedure section 335.1 gives personal injury victims two years from the date of the accident to file a lawsuit. This deadline applies to most car accident cases in Sherman Oaks, whether the crash happened on Ventura Blvd, Van Nuys Blvd, Sepulveda Blvd, or the US-101/I-405 interchange.

Two years may sound like a long time, but it passes quickly. Building a strong case requires gathering evidence, obtaining medical records, working with experts, and negotiating with insurance companies before deciding to file. Waiting until the last minute puts your attorney in a difficult position and may hurt your case.

Special Deadlines for Government Claims

If a government entity is partly responsible for your accident, the timeline is much shorter. Government claims in California require you to file a formal government tort claim within six months of the incident. This might apply if:

  • A pothole or road defect on Ventura Blvd or Sepulveda Blvd contributed to the crash
  • A malfunctioning traffic signal caused the collision
  • A government vehicle was involved
  • Poor road design on the 101 or 405 was a contributing factor

Miss the six-month deadline for a government claim and you will almost certainly be barred from suing that entity. If you think a government agency may be at fault, contact an attorney immediately.

Exceptions That May Extend the Deadline

California law provides limited exceptions that can toll or pause the statute of limitations:

  • Minors: If the victim was under 18 at the time of the crash, the two-year clock generally does not start until they turn 18.
  • Discovery rule: In rare cases where injuries were not immediately apparent, the clock may start from when you discovered or should have discovered the injury.
  • Defendant's absence: If the at-fault driver left California after the accident, the time they were out of state may not count toward the deadline.

Why Acting Early Matters Beyond Deadlines

Even if you have time under the statute of limitations, acting quickly helps your case in practical ways:

  • CHP and LAPD Van Nuys Division reports must be requested promptly
  • Traffic camera footage from the 101/405 interchange and commercial areas on Van Nuys Blvd is often overwritten within 30 to 60 days
  • Witnesses are easier to locate shortly after the crash
  • Physical evidence at the scene disappears
  • Medical treatment records are more complete when linked closely to the accident date

What to Do Now

If you were hurt in a Sherman Oaks car accident, do not assume you have plenty of time and wait. Contact a Sherman Oaks car accident lawyer now to protect your rights, preserve evidence, and understand exactly what deadlines apply in your specific case.

L&F Brown serving Sherman Oaks offers free consultations with no obligation. Call today so deadlines do not sneak up on you.

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Common Questions

Frequently Asked Questions

What happens if I miss the two-year deadline in California?
If you file a lawsuit after the statute of limitations has expired, the court will almost certainly dismiss your case. The defendant will raise the deadline as a defense, and you will lose your right to compensation permanently. There are very few exceptions.
Does the clock start on the day of the accident?
Yes, in most cases the statute of limitations begins running on the date the accident occurred. Exceptions apply in limited circumstances, such as when injuries are not immediately discoverable, but these are narrow. Do not count on an exception to save you.
Does making an insurance claim stop the statute of limitations clock?
No. Filing an insurance claim does not pause or extend the legal deadline to file a lawsuit. These are separate processes. Even while negotiating a settlement with an insurer, your lawsuit deadline continues to run. If negotiations stall near the deadline, your attorney may need to file suit to protect your rights.
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