California Spinal Cord Injury Statute of Limitations: Critical Deadlines You Must Know

In California, the standard statute of limitations for personal injury claims, including spinal cord injuries, is two years from the date of injury. This means you generally have two years from the date of the accident or incident that caused your spinal cord injury to file a lawsuit in civil court. This two-year deadline is established under California Code of Civil Procedure Section 335.1 and applies to most negligence-based claims, including car accidents, truck accidents, motorcycle accidents, slip and fall incidents, and other situations where someone else's carelessness caused your injury.

The two-year clock typically starts ticking on the date the accident occurred, not when you file an insurance claim or when you finish medical treatment. For example, if you were injured in a car accident on March 15, 2024, you would generally need to file your lawsuit by March 15, 2026. However, there are important exceptions to this rule that can extend or shorten the deadline, which we'll discuss in detail throughout this guide.

It's crucial to understand that the statute of limitations is a hard deadline in most cases. If you attempt to file your lawsuit even one day after the statute of limitations has expired, the defendant can file a motion to dismiss your case, and the court will almost certainly grant it. Once the statute of limitations has run, you lose your right to pursue compensation through the court system, regardless of how strong your case might be or how catastrophic your injuries are. This makes timely action absolutely essential in spinal cord injury cases.

California law recognizes that some injuries, including certain spinal cord injuries, may not be immediately apparent at the time of an accident. In these situations, the "discovery rule" may apply, which can extend the statute of limitations. Under the discovery rule, the two-year statute of limitations begins when you discover, or reasonably should have discovered, that you suffered an injury and that it was caused by someone else's wrongful conduct.

The discovery rule is particularly relevant in spinal cord injury cases because some spinal injuries develop gradually or their full extent isn't immediately recognized. For example, you might experience back pain after an accident but not realize you've suffered spinal cord damage until weeks or months later when symptoms like numbness, weakness, or paralysis develop. Similarly, conditions like post-traumatic syringomyelia (fluid-filled cysts in the spinal cord) can develop months or even years after the initial trauma.

To benefit from the discovery rule, you must demonstrate that you could not have reasonably discovered your injury earlier through reasonable diligence. Courts will consider factors such as when symptoms first appeared, when you sought medical attention, what your doctors told you, and whether a reasonable person in your situation would have known about the injury and its cause. It's important to note that the discovery rule has limits—you can't simply claim you didn't know about your injury if the facts suggest you should have known. Consulting with an experienced spinal cord injury attorney as soon as you suspect you may have a claim is essential to protecting your rights under the discovery rule.

If your spinal cord injury was caused by a government entity or employee in California—such as a city bus accident, a dangerous condition on public property, or negligence by a government-employed healthcare provider—you face a much shorter deadline. Before you can file a lawsuit against a government entity in California, you must first file an administrative claim with the appropriate government agency within six months of the date of injury.

This six-month deadline is established under the California Tort Claims Act (Government Code Sections 810-996.6) and is strictly enforced. The claim must be filed on an official form (typically a Standard Form 1 or local equivalent) and must include specific information about your injury, how it occurred, the damages you're seeking, and the amount of compensation you're requesting. The government entity then has 45 days to respond to your claim. If they deny your claim or fail to respond within 45 days, you then have six months from the date of the denial (or deemed denial) to file a lawsuit in court.

Missing the six-month deadline to file your initial administrative claim is usually fatal to your case. While there are limited exceptions for minors and individuals who were physically or mentally incapacitated, these exceptions are narrowly construed. If you believe a government entity may be responsible for your spinal cord injury—whether it's a municipal bus, county hospital, state highway defect, or any other government-related cause—you must act immediately. Consulting with a spinal cord injury attorney within days or weeks of your injury, rather than months, is critical when government liability is involved.

When a spinal cord injury results from medical malpractice—such as a surgical error during spinal surgery, delayed diagnosis of spinal cord compression, or negligent treatment of a spinal condition—California's medical malpractice statute of limitations applies instead of the standard personal injury deadline. Under California Code of Civil Procedure Section 340.5, medical malpractice claims must be filed within the earlier of: (1) three years from the date of injury, or (2) one year from the date you discovered, or through reasonable diligence should have discovered, the injury.

This "one year from discovery" rule can be particularly important in spinal cord injury cases resulting from medical negligence, as the full extent of spinal damage may not be immediately apparent. For example, if a surgeon negligently damaged your spinal cord during a procedure in January 2024, but you didn't discover the injury until symptoms developed in June 2024, you would have until June 2025 to file your lawsuit—not January 2027 (three years from the procedure). The shorter of the two deadlines always applies.

Medical malpractice cases involving spinal cord injuries are among the most complex personal injury claims, requiring extensive medical evidence, expert testimony, and detailed documentation. California also requires that you provide the healthcare provider with 90 days' notice before filing a lawsuit, and you must include a certificate of merit from a qualified medical expert stating that your case has merit. Given these additional requirements and the shorter statute of limitations, it's essential to consult with an attorney who specializes in both spinal cord injuries and medical malpractice as soon as you suspect medical negligence may have caused or contributed to your injury.

California law provides several situations where the statute of limitations may be "tolled," meaning the clock temporarily stops running. Understanding these tolling provisions is important because they can extend the time you have to file your catastrophic injury lawsuit. One common tolling provision applies when the injured person is a minor (under 18 years old). If a child suffers a spinal cord injury, the statute of limitations generally doesn't begin to run until the child turns 18, giving them until their 20th birthday to file a personal injury lawsuit (or until age 19 for medical malpractice claims).

Another important tolling provision applies when the injured person is mentally incapacitated and unable to understand their legal rights or make decisions about pursuing a claim. If you were in a coma, suffered a traumatic brain injury along with your spinal cord injury, or were otherwise mentally incapacitated, the statute of limitations may be tolled during the period of incapacity. However, this tolling ends once you regain capacity, and the clock then starts running.

The statute of limitations may also be tolled if the defendant leaves California after the injury but before the lawsuit is filed, or if the defendant fraudulently conceals facts that would have led you to discover your injury or its cause. Additionally, if you're actively negotiating a settlement with the defendant or their insurance company, you may be able to get a written agreement to toll the statute of limitations while negotiations continue. However, you should never rely on informal promises or assume the deadline will be extended—always get any tolling agreement in writing and consult with an attorney to ensure your rights are protected.

If your spinal cord injury was caused by a defective product—such as a faulty vehicle component, defective safety equipment, or malfunctioning medical device—you may have a product liability claim in addition to or instead of a negligence claim. California's statute of limitations for product liability claims is generally two years from the date of injury, similar to other personal injury claims. However, product liability cases also involve a separate "statute of repose" that can affect your ability to file a claim.

California's statute of repose for product liability claims, found in Code of Civil Procedure Section 340.1, generally bars claims filed more than two years after the plaintiff suffers injury, regardless of when the defect was discovered. However, there are exceptions for cases involving latent defects that couldn't have been discovered earlier. Product liability claims are particularly complex because they may involve multiple defendants (manufacturers, distributors, retailers) and require extensive technical evidence about product design, manufacturing processes, and industry standards.

If you believe a defective product contributed to your spinal cord injury—whether it's a vehicle with faulty airbags, a motorcycle with defective brakes, a ladder that collapsed, or medical equipment that malfunctioned—it's crucial to preserve the product as evidence and consult with an attorney immediately. Product liability cases often require expert analysis of the product, and evidence can be lost or destroyed if not properly preserved. Your attorney can send spoliation letters to ensure the product and related evidence are maintained while your claim is investigated.

If you suffered a spinal cord injury at work in California, you may have both a workers' compensation claim and a potential third-party personal injury claim, each with different deadlines. Workers' compensation claims in California must generally be filed within one year of the date of injury (or one year from the date you knew or should have known the injury was work-related). Workers' compensation provides benefits regardless of fault but typically offers more limited compensation than a personal injury lawsuit.

However, if your workplace spinal cord injury was caused by someone other than your employer or a co-worker—such as a negligent driver who hit you while you were working, a defective product manufacturer, or a negligent property owner—you may also have a third-party personal injury claim. These third-party claims are subject to the standard two-year statute of limitations for personal injury cases, not the one-year workers' compensation deadline. Pursuing both claims simultaneously can maximize your compensation, as workers' compensation covers medical expenses and partial wage replacement, while a third-party claim can provide compensation for pain and suffering, full lost wages, and other damages not covered by workers' comp.

Navigating the intersection of workers' compensation and third-party claims requires careful coordination and legal expertise. Your workers' compensation carrier may have a lien on any third-party recovery, meaning they can seek reimbursement for benefits they paid from your third-party settlement or verdict. An experienced spinal cord injury attorney can help you pursue both claims, negotiate workers' compensation liens, and ensure you receive maximum compensation from all available sources while meeting all applicable deadlines.

Tragically, some spinal cord injuries result in death, either immediately or after a period of time due to complications such as respiratory failure, infections, or other secondary conditions. When a spinal cord injury proves fatal, the victim's family members may have a wrongful death claim. In California, wrongful death claims must be filed within two years of the date of death, not the date of the original injury. This distinction is important because it means the statute of limitations clock starts when the person dies, which may be days, weeks, months, or even years after the initial spinal cord injury occurred.

California law specifies who can bring a wrongful death claim: the deceased person's surviving spouse, domestic partner, children, or if none exist, other surviving heirs who would be entitled to the deceased person's property under intestate succession laws. The wrongful death claim seeks compensation for the losses suffered by the surviving family members, including loss of financial support, loss of companionship and guidance, funeral and burial expenses, and the reasonable value of household services the deceased would have provided.

In addition to a wrongful death claim, the deceased person's estate may also have a survival action for damages the deceased person suffered before death, such as medical expenses, lost wages, and pain and suffering. The survival action must be filed within two years of the date of injury (not death), so it may have a different deadline than the wrongful death claim. If you've lost a loved one due to a spinal cord injury, consulting with an attorney who handles both wrongful death and spinal cord injury cases is essential to ensure all potential claims are pursued within the applicable deadlines.

While you may technically have up to two years to file a spinal cord injury lawsuit in California, waiting until the deadline approaches is extremely risky and can significantly harm your case. Evidence deteriorates over time—accident scenes change, witnesses' memories fade, surveillance footage is deleted, and physical evidence is lost or destroyed. The sooner you begin investigating your claim, the better your attorney can preserve crucial evidence, interview witnesses while events are fresh in their minds, and build a strong case on your behalf. This applies to all types of accidents, including pedestrian accidents and bicycle accidents.

Insurance companies are also more likely to take your claim seriously when you act promptly. If you wait months or years to pursue your claim, insurance adjusters may question the severity of your injuries or argue that something other than the accident caused your spinal cord damage. Additionally, your medical treatment and rehabilitation should be ongoing and well-documented. The longer you wait to consult an attorney, the more difficult it becomes to establish a clear connection between the accident and your injuries, especially if you've had gaps in treatment or seen multiple healthcare providers.

From a practical standpoint, spinal cord injury cases are complex and time-consuming to prepare. Your attorney needs time to gather medical records, consult with medical experts, obtain accident reports, conduct depositions, and negotiate with insurance companies. If you wait until shortly before the statute of limitations expires, your attorney will be forced to rush the investigation and may have to file a lawsuit before the case is fully prepared, potentially weakening your negotiating position. By consulting with a spinal cord injury attorney within weeks or months of your injury—not years—you give your legal team the time they need to build the strongest possible case and maximize your compensation.

While California's statute of limitations deadlines are generally strict, there are limited circumstances where you might have more time to file your spinal cord injury claim. We've already discussed the discovery rule, tolling for minors and incapacitated persons, and the different deadlines for government claims and medical malpractice. Another potential exception involves defendants who are out of state. If the person or entity responsible for your injury leaves California after the accident but before you file your lawsuit, the time they spend outside the state may not count toward the statute of limitations.

California Code of Civil Procedure Section 351 provides that if a defendant is out of state when the cause of action accrues or leaves the state after the cause of action accrues, the time of their absence is not part of the time limited for the commencement of the action. However, this tolling provision has limitations and doesn't apply if the defendant can be served with process in California through an agent or if they're subject to California's long-arm jurisdiction. This exception is fact-specific and requires careful legal analysis.

Another potential extension involves written agreements between parties. If you're negotiating a settlement with the defendant or their insurance company, you may be able to obtain a written tolling agreement that extends the statute of limitations while negotiations continue. These agreements must be carefully drafted and signed by all parties to be enforceable. However, you should never rely on verbal promises or informal understandings about extending deadlines. If an insurance adjuster tells you not to worry about the statute of limitations or suggests you have more time than you actually do, consult with an attorney immediately—insurance companies have no obligation to protect your legal rights, and missing the deadline benefits them, not you.

Missing the statute of limitations deadline for your spinal cord injury claim has severe and usually irreversible consequences. Once the statute of limitations has expired, the defendant can file a motion to dismiss your case based on the statute of limitations defense. California courts have no discretion to extend the deadline except in the very limited circumstances discussed earlier (such as tolling for minors or incapacitated persons). If the court grants the defendant's motion to dismiss, your case is over—you cannot appeal the dismissal or refile your lawsuit.

The practical effect of missing the statute of limitations is that you lose your right to pursue compensation through the legal system, regardless of how strong your case is or how catastrophic your injuries are. Even if you have clear evidence that the defendant was negligent, even if you've suffered millions of dollars in damages, and even if the defendant's insurance company would have paid a substantial settlement if you'd filed on time, you're barred from recovery once the deadline passes. This is why the statute of limitations is often called a "statute of repose"—it gives defendants peace of mind that they won't face liability forever.

In rare cases, if an attorney's negligence caused you to miss the statute of limitations deadline, you might have a legal malpractice claim against that attorney. However, legal malpractice cases are difficult to prove and require showing that you would have won your underlying case if it had been filed on time. Additionally, legal malpractice claims are subject to their own statute of limitations (generally one year from discovery of the malpractice or four years from the wrongful act, whichever comes first). The bottom line is that missing the statute of limitations is a disaster that's almost always avoidable by consulting with an attorney promptly after your injury and ensuring your case is filed on time.

If you've suffered a spinal cord injury in California, taking immediate action to protect your legal rights is essential. First and foremost, seek comprehensive medical treatment and follow all of your doctors' recommendations. Your health is the top priority, and thorough medical documentation is also crucial for your legal claim. Keep detailed records of all medical treatment, including hospital stays, surgeries, rehabilitation, medications, medical equipment, and ongoing care needs. Save all medical bills, receipts, and documentation of out-of-pocket expenses.

Second, document everything related to the accident and your injuries. If possible, take photographs of the accident scene, your injuries, and any property damage. Obtain contact information for any witnesses. Keep a journal documenting your symptoms, pain levels, limitations, and how your injury affects your daily life. Save any correspondence with insurance companies, but be cautious about giving recorded statements or signing documents without consulting an attorney first—insurance adjusters may try to get you to say things that can be used against you later.

Third, and most importantly, consult with an experienced California spinal cord injury attorney as soon as possible. Most spinal cord injury attorneys offer free initial consultations and work on a contingency fee basis, meaning you don't pay any attorney fees unless you recover compensation. During your consultation, bring all relevant documents, including medical records, accident reports, insurance information, and any correspondence you've received. An experienced attorney can evaluate your case, explain your legal options, identify all applicable deadlines, and begin investigating your claim immediately. Don't wait until the statute of limitations deadline is approaching—the sooner you have legal representation, the better your chances of maximizing your compensation and securing the financial resources you need for your lifetime of care.