A slip and fall accident can leave you dealing with pain, medical treatments, and the worry of how you’ll recover physically and financially. In the middle of all this, you may find yourself wondering how long you have to take legal action.
Understanding the slip and fall statute of limitations in California is essential because this deadline determines whether you still have the right to pursue compensation for your injuries.
In California, you have two years from the accident date to file most slip and fall lawsuits. Missing this deadline usually means you cannot recover compensation, making awareness of this rule essential.
At The Beliz Law Firm, we understand how overwhelming this process can feel. Attorney Michael Beliz has helped injured people throughout Long Beach and Southern California understand their deadlines and safeguard their claims.
This blog explains how the statute of limitations works, why it matters, what happens if it expires, and the limited exceptions that may extend your time.
What Is the Statute of Limitations for a Slip and Fall Accident in California?
In California, for a slip and fall, the statute of limitations for a lawsuit is generally two years from the date of the injury. This two-year deadline applies to most slip and fall incidents that occur on private property, public walkways, in businesses, rental complexes, and similar locations.
Understanding this time limit is essential to protecting your right to pursue compensation.
Why Is the Statute of Limitations Important?
The statute of limitations is not just a deadline. It is a legal safeguard that ensures cases move forward while evidence is still available and reliable. It also protects injured people by providing them with a clear timeline for when they must take action.
Here are a few reasons this deadline exists:
- Preserves evidence. Witness memories fade, videos are overwritten, and physical conditions change. Filing within the statute of limitations increases the chances that key evidence remains accessible and accurate.
- Promotes fairness. Defendants should not face the risk of being sued many years after an incident when proving or disproving the facts becomes difficult. The deadline encourages timely claims, allowing both sides a fair chance to present their case.
- Encourages timely resolution. The law requires individuals to take prompt action after an injury. Waiting too long can complicate investigations and make treatment records harder to link to the accident.
When you understand the purpose behind this deadline, the importance of acting quickly becomes clear. Filing on time preserves your right to pursue compensation and allows your attorney to build the strongest case possible.
What Happens If I Miss the Statute of Limitations?
If you miss the filing deadline, the court will almost always refuse to hear your case. That means you lose the ability to recover compensation for medical bills, lost wages, pain and suffering, and other damages, even if the property owner was clearly negligent.
Insurance companies are also aware of these rules. Once the statute of limitations has passed, they have no obligation to negotiate or offer a settlement because they know you no longer have the legal right to sue.
A Long Beach slip and fall lawyer can track critical deadlines, gather evidence promptly, and ensure your claim is filed within the required time frame so you do not lose your rights.
Are There Exceptions to the Deadline?
Although the standard deadline for filing a slip and fall lawsuit in California is two years, some exceptions can shorten or pause the deadline, and these rules apply only in specific circumstances.
Below are the most common exceptions to the statute of limitations.
Minor
When the injured person is under 18 at the time of the slip and fall, California law delays the start of the two-year statute of limitations.
Instead of beginning on the date of the accident, the deadline starts on the person’s 18th birthday. This means that a minor typically has until the age of 20 to file a lawsuit.
The law recognizes that minors cannot be expected to manage legal claims independently and grants them additional time once they reach the age of majority.
Lack of Legal Capacity
Some individuals are unable to make legal decisions due to a medical condition or cognitive disability. In these situations, the statute of limitations does not begin running until the person regains the ability to understand and participate in the legal process, or until a representative is appointed to act on their behalf.
Government Claims
If the slip and fall occurred on government property, such as a courthouse, public school, or other government-run facility, the rules are much stricter. Before you can file a lawsuit, you must first file an administrative claim with the appropriate government entity.
This claim must usually be submitted within six months of the injury, which is a much shorter timeframe than the standard two years.
If the government denies the claim, you then have a limited window of six months from the denial to file a lawsuit in court. Missing these early administrative deadlines can prevent you from pursuing compensation entirely, even if your injuries are severe.
Don’t Lose Your Chance for Justice. Speak to a Long Beach Slip and Fall Lawyer Today
Understanding the statute of limitations for a slip and fall is one of the most important steps in protecting your rights.
Whether your deadline is the standard two-year period or you fall under one of the exceptions, taking early action can help preserve your ability to seek compensation for your injuries.
At The Beliz Law Firm, we know that slip and fall cases require careful attention to deadlines, evidence, and legal strategy.
Attorney Michael Beliz has represented individuals injured in Long Beach since 2006, offering personalized attention, direct communication, and dedicated representation. As a small firm, we take the time to understand each client’s story while delivering strong results in negotiations and litigation.
If you were hurt in a slip and fall accident, do not wait until time runs out. Contact us today to schedule a free consultation. We can help you understand your deadline, evaluate your case, and take the necessary steps to protect your rights from the outset.