I was focused on recovering, not filing: a California premises liability deadline story
A hypothetical illustration of how evidence, not just the statute of limitations, has its own expiration date in a California slip and fall claim. Educational only, not legal advice.
James slipped on a wet floor in a grocery store in Los Angeles. He broke his hip. At 58, that meant surgery, months of physical therapy, a walker, then a cane.
His whole life became recovery. Getting in and out of the shower. Relearning how to walk without pain. Managing medications. Missing work. The last thing on his mind was a lawsuit.
His daughter brought it up around the one-year mark. "Dad, shouldn't you talk to a lawyer?" He said he'd get around to it. He had time. California gives you two years.
He called a firm at the 18-month mark. They took his case, but the attorney was blunt: they were going to have to move fast. Collecting medical records, deposing witnesses, getting expert opinions. All of that takes time. Starting at 18 months meant compressing six months of work into whatever was left.
The store's security footage? Overwritten after 90 days. The manager who was on duty? Transferred to another location. The "wet floor" sign that James says wasn't there? No way to prove it now.
James's case settled for less than it was worth. Not because it was a bad case. Because the evidence that would have made it a strong case was gone by the time anyone went looking.
What James Wishes He Knew
He wishes someone had told him that starting the legal process doesn't mean stopping recovery. An attorney handles the legal side. You handle getting better. The two can run in parallel.
He also wishes he'd known that evidence has its own expiration date. Security footage gets overwritten. Witnesses forget. Conditions change. The scene of the accident doesn't stay frozen while you heal.
If This Sounds Familiar
If you've been hurt and you're focused on getting better, that's the right priority. But learning how much time you have to file takes five minutes. It doesn't compete with your recovery. And it might save your case.
Check your state's filing deadlines: California premises liability filing deadline →
This story is a hypothetical illustration based on common patterns in personal injury cases. It is not based on a real client or case. This is general information, not legal advice. Every situation is different. Consult an attorney about your specific circumstances.