If you or a loved one has suffered a brain injury, it’s crucial to know that the clock is already ticking on your right to seek compensation. That’s why consulting brain injury lawyers from Bonnici Law Group, APC early can make a big difference. These dedicated attorneys understand both the complex realities of serious head trauma and the tight legal deadlines imposed under California law.
Understanding the Statute of Limitations in California
In California, most personal injury claims—including those involving brain injuries—must generally be filed within two years of the date of the injury. This two-year window is set by the California Code of Civil Procedure and applies in many common accident scenarios. Failing to meet this deadline can mean losing the right to bring your claim in court.
The Discovery Rule: When Time Starts Running
However, brain injuries don’t always become obvious immediately. Some traumatic brain injury (TBI) symptoms—like memory problems, mood changes, or cognitive difficulties—may only show up weeks or months later. Because of this, California law often applies a “discovery rule”: the statute of limitations may begin from the date you knew or should reasonably have known about the injury, not necessarily the date of the accident. This rule helps make sure victims don’t lose their chance to sue simply because the injury was not apparent at first.
Special Deadlines for Government-Related Claims
If the injury involves a government entity—for instance, if a city, school district, or public agency is responsible—there is a much stricter timeline. In those cases, you often have just six months from the date of injury to file a claim with the government agency first. After you submit that claim, if it is rejected, you generally have another six months to bring a lawsuit. These rules are very specific, and missing even one deadline can bar your case entirely.
Considerations for Minors and Those Unable to Act Immediately
Some situations call for more flexibility. For example, if the injured person is a minor, the statute of limitations may be “tolled” (paused) until they turn 18. That means a child who suffers a brain injury may have two years to file their claim, but that two-year period might not begin until after their 18th birthday. Additionally, in cases where the injury causes mental incapacity, such as a coma or severe cognitive impairment, the clock may not start until the person regains sufficient consciousness or legal capacity to act.
Why Acting Quickly Matters
Brain injury cases are complex and often involve deep investigation—medical records, imaging scans, rehabilitation documentation, and more. Working with the attorneys at Bonnici Law Group, APC allows you to preserve key evidence before it’s lost or deteriorates. Their team can guide you through crucial early steps, such as getting proper medical evaluations and understanding which legal deadline applies in your case.
Final Thoughts
Time is of the essence when filing a brain injury claim in California. The typical two-year statute of limitations can be extended in special circumstances—especially with latent injuries or government involvement—but waiting too long can be risky. If you suspect you may have a brain injury, it’s wise to consult with trusted legal counsel as soon as possible.
Key Takeaways
- Most California brain injury claims must be filed within two years, making early action essential.
- The discovery rule may extend the deadline if symptoms were not immediately apparent.
- Claims involving government entities require filing a formal notice within six months, followed by strict litigation deadlines.
- Minors and individuals with severe cognitive impairment may qualify for tolling, which pauses the statute of limitations.
- Acting quickly helps preserve evidence and ensures you meet the correct deadline for your specific situation.