California Brain Injury Statute of Limitations: Critical Deadlines You Cannot Miss

California Code of Civil Procedure Section 335.1 establishes a two-year statute of limitations for personal injury claims, including brain injuries caused by car accidents, truck collisions, slip and falls, workplace incidents, and other negligent acts. This means you generally have two years from the date of the accident to file a lawsuit in civil court. If you fail to file within this timeframe, the court will almost certainly dismiss your case, and you will lose your right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

The two-year deadline applies to most brain injury cases, including traumatic brain injuries (TBI), concussions, diffuse axonal injuries, skull fractures, brain bleeds, and post-concussion syndrome. Whether your injury occurred in a pedestrian collision, bicycle accident, or premises liability incident, the same basic rule applies. However, the starting point for calculating this two-year period can vary significantly depending on when you discovered—or reasonably should have discovered—your brain injury.

It's important to understand that the statute of limitations is different from the deadline for filing an insurance claim. While you should report your accident to the insurance company as soon as possible (typically within days or weeks), the statute of limitations governs your right to file a lawsuit in court. Many brain injury victims successfully settle their claims with insurance companies without ever filing a lawsuit, but you must preserve your right to sue by staying within the statute of limitations deadline. Working with an experienced brain injury attorney ensures you never miss critical deadlines while pursuing maximum compensation.

For most brain injury cases, the statute of limitations begins running on the date of the accident or incident that caused your injury. If you were injured in a car accident on January 15, 2024, you would generally have until January 15, 2026, to file a lawsuit. This seems straightforward, but brain injuries often complicate matters because symptoms may not appear immediately or may initially seem minor before worsening over time.

California recognizes the 'discovery rule' for brain injury cases, which can extend the statute of limitations when injuries are not immediately apparent. Under this rule, the two-year clock doesn't start until you discover—or reasonably should have discovered—that you suffered a brain injury and that it was caused by someone else's negligence. This is particularly important for mild traumatic brain injuries (mTBI) and concussions, where symptoms like headaches, memory problems, concentration difficulties, and mood changes may not manifest for days, weeks, or even months after the initial trauma.

Courts apply an objective standard when determining when you 'should have discovered' your injury. This means asking when a reasonable person in your situation would have realized they had a brain injury requiring medical attention. If you experienced a head impact in an Uber or Lyft accident but didn't seek medical care until weeks later when symptoms appeared, the discovery rule may protect your right to file a lawsuit. However, you cannot simply ignore obvious symptoms to extend the deadline. Consulting with a traumatic brain injury lawyer immediately after any head trauma helps document your injury timeline and preserve your legal rights.

Brain injuries are notorious for delayed symptom onset, making the discovery rule particularly important in TBI cases. Many accident victims walk away from collisions feeling fine, only to develop debilitating symptoms days or weeks later. Common delayed brain injury symptoms include persistent headaches, dizziness, nausea, sensitivity to light and sound, memory problems, difficulty concentrating, sleep disturbances, mood changes, and cognitive impairment. These symptoms may initially be attributed to stress, minor injuries, or other causes before a brain injury diagnosis is confirmed.

California courts have recognized that brain injury victims should not be penalized for delayed symptom onset beyond their control. In several landmark cases, courts have applied the discovery rule to extend the statute of limitations when plaintiffs could not reasonably have known they suffered a brain injury at the time of the accident. For example, if you were in a car accident, experienced a brief loss of consciousness, but were told you were 'fine' by emergency responders, and then developed severe post-concussion syndrome three months later, the discovery rule may allow you to file a lawsuit more than two years after the accident date.

However, the discovery rule has limits. Once you have reason to suspect you may have a brain injury—such as when you first experience concerning symptoms or receive a medical diagnosis—the statute of limitations clock begins ticking. You cannot delay seeking medical care or legal advice indefinitely and expect the discovery rule to protect you. The key is documenting everything: when symptoms first appeared, when you sought medical attention, what doctors told you, and when you received a definitive brain injury diagnosis. An experienced concussion lawyer can help you navigate these complex timing issues and ensure your claim is filed within the applicable deadline.

California law provides special protections for minors (individuals under 18 years old) who suffer brain injuries. Under Code of Civil Procedure Section 352, the statute of limitations is 'tolled' (paused) for minors until they reach the age of 18. This means a child injured in an accident has until their 20th birthday to file a personal injury lawsuit—two years after turning 18, regardless of when the injury occurred.

For example, if a 10-year-old child suffers a traumatic brain injury in a car accident, the statute of limitations does not begin running until the child turns 18. The child (or their legal guardian) then has until age 20 to file a lawsuit. This extended deadline recognizes that minors cannot file lawsuits on their own behalf and that the full extent of a child's brain injury may not become apparent until years later as developmental milestones are missed.

However, parents or guardians should not wait until a child turns 18 to take action. Evidence can be lost, witnesses' memories fade, and insurance companies may destroy records after several years. Additionally, if a parent or guardian files a lawsuit on behalf of a minor before the child turns 18, any settlement must be approved by the court to ensure it serves the child's best interests. Consulting with a catastrophic injury attorney who specializes in pediatric brain injury cases ensures that your child's long-term needs are fully considered and that all deadlines are properly managed.

Severe brain injuries can leave victims in a coma, vegetative state, or with such profound cognitive impairment that they cannot understand their legal rights or make decisions about pursuing a claim. California law recognizes this reality and provides tolling provisions for individuals who are legally incapacitated due to their injuries. Under Code of Civil Procedure Section 352.1, the statute of limitations is tolled during any period when a plaintiff is 'insane' or lacks the legal capacity to make decisions.

The term 'insane' in this legal context does not require a formal psychiatric diagnosis but rather refers to any mental condition that prevents someone from understanding their legal rights and managing their affairs. This can include severe traumatic brain injuries that result in significant cognitive impairment, memory loss, or inability to communicate. If a brain injury victim is in a coma or vegetative state, the statute of limitations is tolled until they regain capacity or a conservator is appointed to act on their behalf.

However, family members and loved ones should not rely solely on tolling provisions. If a brain injury victim is incapacitated, family members should immediately consult with a spinal cord and brain injury lawyer about establishing a conservatorship and filing a lawsuit on the victim's behalf. Courts may require medical evidence proving the victim's incapacity, and there can be disputes about when capacity was lost or regained. Taking prompt action protects the victim's rights and ensures that evidence is preserved while memories are fresh.

If your brain injury was caused by a government entity or employee—such as a city bus accident, collision with a government vehicle, dangerous condition on public property, or negligence by a public employee—you face a much shorter deadline than the standard two-year statute of limitations. California Government Code Sections 910-915 require you to file a formal claim with the appropriate government agency within six months of the date of injury.

This six-month deadline is strictly enforced, and missing it will almost certainly bar your claim entirely. The claim must be filed on a specific government form and submitted to the correct agency (city, county, state, or other public entity). The government then has 45 days to accept or reject your claim. If the claim is rejected or the government fails to respond within 45 days, you then have six months from the rejection date to file a lawsuit in court. This means government entity brain injury cases operate on a much more compressed timeline than standard personal injury claims.

Government claims present additional complexities because different rules apply depending on whether the responsible party is a city, county, state agency, school district, or other public entity. Some government entities have damage caps that limit the amount of compensation you can recover. Additionally, proving liability against a government entity often requires overcoming sovereign immunity defenses. Because of these challenges and the extremely short six-month deadline, it is critical to consult with a personal injury attorney immediately if you believe a government entity may be responsible for your brain injury.

Brain injuries caused by medical malpractice—such as surgical errors, anesthesia mistakes, birth injuries, delayed diagnosis, or improper treatment—are subject to different statute of limitations rules than other personal injury cases. California Code of Civil Procedure Section 340.5 establishes a one-year statute of limitations for medical malpractice claims, or three years from the date of injury, whichever occurs first. This means you must file a medical malpractice lawsuit within one year of discovering the malpractice or three years from when it occurred, even if you haven't yet discovered it.

The discovery rule applies to medical malpractice brain injury cases, but with important limitations. The one-year clock begins when you discover, or through reasonable diligence should have discovered, both the injury and its cause. For example, if a surgical error during a routine procedure caused a brain injury, but you didn't realize the injury was caused by malpractice until months later when you consulted another doctor, the one-year deadline would begin when you reasonably should have made that connection.

Medical malpractice cases also require compliance with additional procedural requirements, including providing 90 days' notice to the healthcare provider before filing a lawsuit and, in some cases, submitting the claim to mandatory mediation. These cases are highly complex and require expert medical testimony to prove that the healthcare provider's conduct fell below the standard of care and caused your brain injury. If you suspect your brain injury resulted from medical negligence, consult with an attorney who has specific experience with medical malpractice brain injury cases immediately.

When a brain injury proves fatal, surviving family members may file a wrongful death lawsuit to recover compensation for their losses. California Code of Civil Procedure Section 335.1 establishes a two-year statute of limitations for wrongful death claims, but the clock begins running on the date of death, not the date of the injury. This distinction is critical in brain injury cases where the victim may survive for months or even years after the initial trauma before succumbing to complications.

For example, if a loved one suffered a severe traumatic brain injury in a workplace accident on January 1, 2024, but passed away from complications on July 1, 2025, the two-year wrongful death statute of limitations would run until July 1, 2027. This is separate from any personal injury claim the victim may have had while alive, which would have been subject to its own two-year deadline from the date of injury. In some cases, a personal injury lawsuit filed by the victim before death can be converted to a wrongful death action after the victim passes away.

Wrongful death claims can be filed by the deceased victim's surviving spouse, domestic partner, children, or other legal heirs. These claims seek compensation for funeral and burial expenses, loss of financial support, loss of companionship and guidance, and the emotional suffering caused by the loss. Because wrongful death cases involve complex legal and emotional issues, and because the statute of limitations is strictly enforced, it is essential to consult with an attorney as soon as possible after a loved one's passing.

Many brain injury victims wonder whether filing an insurance claim or negotiating with an insurance company affects the statute of limitations deadline. The short answer is no—the statute of limitations continues to run regardless of whether you are in settlement negotiations with an insurance company. Insurance companies are well aware of this fact and may use delay tactics to run out the clock on your ability to file a lawsuit, leaving you with no leverage to negotiate a fair settlement.

It is common for insurance companies to request extensive documentation, schedule multiple medical examinations, and drag out settlement negotiations for months or even years. While these activities are a normal part of the claims process, you must remain vigilant about the statute of limitations deadline. If you are approaching the two-year mark and settlement negotiations are ongoing, your attorney may need to file a lawsuit to preserve your rights, even if you hope to settle the case without going to trial.

Some brain injury victims mistakenly believe that once they file an insurance claim, they have 'started the legal process' and don't need to worry about the statute of limitations. This is dangerously incorrect. An insurance claim is an administrative process separate from a lawsuit. Only filing a complaint in civil court stops the statute of limitations clock. If you are working with a personal injury attorney near me, they will monitor all deadlines and ensure that a lawsuit is filed if necessary to protect your rights.

Missing the statute of limitations deadline has severe consequences—you permanently lose your right to seek compensation for your brain injury, regardless of how severe your injuries are or how clear the other party's fault is. Once the deadline passes, the defendant can file a motion to dismiss your case, and the court will almost certainly grant it. There is no opportunity to refile the case after the deadline expires. This can be financially devastating in severe brain injury cases involving hundreds of thousands or millions of dollars in medical expenses and lost income.

The financial impact of missing the statute of limitations can be catastrophic, especially in cases involving whiplash and brain injuries, back and neck trauma, or other complex injuries. Without the ability to pursue a legal claim, you may be left to pay these costs out of pocket or rely on government assistance programs that provide only minimal support. This is why it is absolutely critical to consult with an attorney as soon as possible after a brain injury and to stay informed about all applicable deadlines.

In extremely rare circumstances, courts may allow a late-filed case to proceed if the plaintiff can demonstrate extraordinary circumstances that prevented them from filing on time, such as being in a coma for the entire limitations period with no family members or conservator to act on their behalf. However, these exceptions are granted only in the most extreme situations, and you should never rely on the possibility of obtaining such relief. The only safe approach is to ensure your case is filed well before the deadline expires.

To ensure you don't miss the statute of limitations deadline and to maximize your chances of recovering full compensation for your brain injury, take these critical steps immediately after your accident: First, seek medical attention right away, even if you feel fine. Many brain injuries have delayed symptoms, and prompt medical evaluation creates documentation of your injury and establishes the timeline for statute of limitations purposes. Second, document everything related to your accident and injury, including photos of the accident scene, contact information for witnesses, medical records, and a journal of your symptoms and how they affect your daily life.

Third, report the accident to all relevant parties, including the police (for vehicle accidents), your employer (for workplace injuries), and the property owner (for slip and fall accidents). These reports create an official record of the incident and can be crucial evidence in your case. Fourth, notify your insurance company about the accident, but be cautious about giving recorded statements or signing releases without first consulting an attorney. Insurance companies may use your statements against you to minimize or deny your claim.

Fifth, and most importantly, consult with an experienced brain injury attorney as soon as possible—ideally within days or weeks of your accident, not months or years later. An attorney can immediately begin investigating your case, preserving evidence, identifying all liable parties, and ensuring that all deadlines are met. Most brain injury attorneys work on a contingency fee basis, meaning you pay no upfront costs and the attorney only gets paid if you recover compensation. There is no reason to delay seeking legal advice. Contact our experienced legal team today for a free consultation to discuss your case and ensure your rights are fully protected.