Setareh Law
March 17, 2025
California’s standard statute of limitations for personal injury claims is two years. This means that most car accident victims have two years from the accident date to file a claim for their injuries and other damages. Unfortunately, not all injuries are easily detectable immediately following an accident. Some victims experience delayed symptoms weeks or even months after their accidents. When this occurs, California allows such victims to follow the delayed discovery rule. This rule tolls the statute of limitations and permits victims to file personal injury claims until one year after the date they discovered or reasonably should have discovered their injuries.
If you were in an accident weeks or months ago and are just now experiencing injury symptoms, you should speak with a skilled personal injury lawyer. You may be able to toll the statute of limitations and pursue compensation against the party who injured you. At Setareh Law, our experienced personal injury lawyers can investigate the facts of your case to determine if the delayed discovery rule applies to you.
What Is the Delayed Discovery Rule?
In California, the delayed discovery rule gives certain plaintiffs more time to file personal injury claims because they did not know and had no reason to know of their injuries when the initial accident occurred. Instead of the usual two-year statute of limitations to file a claim, the delayed discovery rule allows plaintiffs to file personal injury claims up to one year after the discovery of their previously unknown injury.
The injury truly must have been unknown to the victim until the date it was discovered, and the victim will have to prove that a reasonable person would not have suspected they were injured until the date the injury was discovered. You will need to gather important evidence to establish there were no signs of your injury until the date you discovered it. For example, a doctor may have given you the all-clear after your accident because signs of your injury had not yet surfaced. You would use the medical records from this visit to prove that you had no reason to suspect you were injured.
If you have discovered an injury weeks or months after your accident, you should contact a personal injury lawyer right away. Your lawyer can investigate the facts of your case and advise you whether or not the delayed discovery rule applies to your situation. Navigating a personal injury claim can be intimidating, but having a skilled lawyer on your side can make the process as smooth and stress-free as possible.
What Are Examples of Delayed Injuries?
Several kinds of injuries may not produce any symptoms until weeks or months after an accident. Even if your car accident occurred what seems like a long time ago, you should not write off any new symptoms. Such symptoms could be linked to underlying injuries from your accident. The following are some examples of delayed injuries:
- Whiplash;
- Back pain;
- Internal bleeding;
- Concussion;
- Nerve damage; and
- Tinnitus.
If you are experiencing symptoms of any of the above injuries for the first time, you may be able to recover compensation if such injuries were caused by your accident. You must prove your injuries were unknown to you until the date you discovered them. It is vital to visit a doctor immediately after a car accident, even if you feel fine.
Your initial doctor visit could prove you did not know, and had no reason to know, of your injury. You want to create a medical record showing the doctor cleared you because they did not discover signs of your injury immediately after your accident.
Reach out to Setareh Law if You Have Discovered an Injury Weeks or Months After Your Accident
At Setareh Law, we believe you should be compensated for injuries caused by a car accident, even if your symptoms don’t surface for weeks or months. Our team brings years of experience handling delayed injury cases throughout California, with a proven track record of successful outcomes for our clients. We pride ourselves on responsive communication and personalized legal strategies tailored to your unique situation.
Contact our dedicated legal team today to learn more about how we can help with your delayed discovery case. Our multilingual attorneys are ready to evaluate your case and guide you through the complex legal process with compassion and skill. To schedule a consultation, you can reach us in English or Spanish by calling (310) 659-1826 or filling out our contact form today.
