Understanding California's Statute of Limitations for Catastrophic Injury Claims

For example, if you suffered a spinal cord injury in a car accident on March 15, 2024, you would need to file your lawsuit by March 15, 2026. If you miss this deadline, the defendant can file a motion to dismiss your case, and the court will almost certainly grant it, permanently barring you from recovering compensation.

It's important to understand that this two-year deadline applies to filing a lawsuit in court, not to settling your claim with an insurance company. Many catastrophic injury cases are resolved through settlement negotiations without ever going to trial, but you must still be prepared to file a lawsuit before the statute of limitations expires to maintain leverage in negotiations.

Under the discovery rule, the statute of limitations may not begin until you discover—or reasonably should have discovered—that you were injured and that someone else's negligence caused your injury. This exception is particularly relevant in cases involving traumatic brain injuries or internal organ damage where symptoms may not manifest immediately.

For instance, if you were involved in a car accident but didn't realize you had suffered a brain injury until months later when symptoms appeared, the statute of limitations might not start until you discovered the injury. However, courts apply this rule strictly, and you must demonstrate that you could not have reasonably discovered the injury earlier through proper diligence.

This six-month deadline is strictly enforced, and failing to file a timely government claim will almost always bar you from pursuing a lawsuit later. After filing your administrative claim, the government entity has 45 days to respond. If your claim is denied or the agency fails to respond within 45 days, you then have six months from the date of denial (or deemed denial) to file a lawsuit in court.

Given these compressed timelines, it's essential to consult with an experienced catastrophic injury attorney immediately if your injury involves a government entity. The administrative claim process has specific requirements regarding form, content, and delivery that must be followed precisely to preserve your rights.

For example, if a child suffers a birth injury or catastrophic injury at age 10, they would have until their 20th birthday to file a lawsuit. This extended timeline recognizes that minors cannot file lawsuits on their own behalf and may not have parents or guardians who are aware of their legal rights or able to pursue claims during childhood.

However, there's an important exception to this rule: if the catastrophic injury was caused by a government entity, the six-month administrative claim deadline still applies, even for minors. In such cases, a parent or guardian must file the government claim on the minor's behalf within six months of the injury, or the right to sue may be lost forever.

This tolling provision is particularly relevant for victims of severe traumatic brain injuries who may be in a coma, suffer from severe cognitive impairment, or lack the mental capacity to understand their legal situation. The statute of limitations will not begin to run until the person regains sufficient mental capacity to pursue their claim.

However, proving legal incapacity requires medical evidence and often court proceedings. Additionally, even if the injured person is incapacitated, the statute of limitations may still run if they have a conservator or guardian who could file a lawsuit on their behalf. It's crucial for family members of catastrophically injured individuals to consult with an attorney promptly to ensure deadlines are not missed.

The discovery rule is particularly important in cases involving toxic exposure, defective medical devices, or injuries that develop gradually over time. For example, if you were exposed to toxic chemicals in a workplace accident that later caused catastrophic organ damage, the statute of limitations might not begin until you discovered the connection between the exposure and your injury.

Courts apply a two-part test for the discovery rule: (1) when did you actually discover the injury and its cause, or (2) when should you have reasonably discovered it through the exercise of reasonable diligence? The burden is on you to prove that you could not have discovered the injury earlier, so documenting when symptoms first appeared and when you learned of the connection to someone else's negligence is critical.

For example, if a trucking company destroyed evidence of driver fatigue or vehicle maintenance issues that caused your catastrophic injury, and you only discovered this concealment years later, you might be able to argue that the statute of limitations should be tolled during the period of concealment.

However, fraudulent concealment claims are difficult to prove and require clear evidence that the defendant took affirmative steps to hide information, not merely that they failed to disclose it voluntarily. You must also show that you exercised reasonable diligence in trying to discover the facts and that the concealment prevented you from filing your claim timely.

This doctrine is most commonly applied in employment discrimination and toxic exposure cases but may be relevant to certain catastrophic injury scenarios. For instance, if you suffered progressive injuries due to ongoing exposure to dangerous conditions in a workplace environment, the continuing violation doctrine might extend your filing deadline.

However, courts apply this doctrine narrowly and require proof that the defendant's conduct was part of a continuous pattern rather than isolated incidents. Each case is highly fact-specific, and you should consult with an experienced attorney to determine whether this doctrine might apply to your situation.

This distinction is important because a person might suffer a catastrophic injury and survive for months or even years before succumbing to complications. In such cases, the wrongful death statute of limitations begins on the date of death, potentially giving family members more time to file a claim than if the victim had survived.

Wrongful death claims can seek compensation for funeral and burial expenses, loss of financial support, loss of companionship and guidance, and other damages. If you've lost a loved one due to a catastrophic injury, it's essential to consult with a personal injury attorney who can help you understand your rights and ensure all deadlines are met.

Additionally, investigating and preparing a catastrophic injury case takes considerable time. Your attorney needs to gather medical records, consult with expert witnesses, conduct depositions, and build a comprehensive case demonstrating the full extent of your injuries and damages. Complex cases involving spinal cord injuries, traumatic brain injuries, or multiple catastrophic injuries may require months of preparation.

Insurance companies are also more likely to take your claim seriously if you act promptly. Waiting until the statute of limitations is about to expire may signal to insurers that you're desperate for a settlement, potentially reducing your negotiating leverage. By consulting with an attorney early and building a strong case, you demonstrate that you're prepared to take your claim to trial if necessary.

Second, document everything related to your injury and the accident that caused it. Take photographs of the accident scene, your injuries, and any property damage. Collect contact information for witnesses. Keep copies of all medical bills, treatment records, and correspondence with insurance companies. Maintain a journal documenting your pain, limitations, and how the injury has affected your daily life.

Third, consult with an experienced catastrophic injury attorney as soon as possible. Most personal injury attorneys, including those at Hurt Advice, offer free consultations and work on a contingency fee basis, meaning you pay nothing unless they recover compensation for you. An attorney can immediately begin investigating your case, preserving evidence, and ensuring all legal deadlines are met while you focus on your recovery.

Once your case is dismissed based on the statute of limitations, you permanently lose your right to seek compensation for your injuries, no matter how severe they are or how clear the defendant's liability. You'll be responsible for all medical bills, lost wages, and other damages without any possibility of recovery from the at-fault party.

This is why it's absolutely critical to consult with an attorney well before the deadline approaches. Even if you're still receiving treatment or unsure about the full extent of your injuries, an attorney can file a lawsuit to preserve your rights while continuing to investigate and build your case. Don't let the statute of limitations rob you of the compensation you deserve for your catastrophic injury.