This glossary entry provides general legal information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Legal terms are applied differently depending on the facts of each case and the jurisdiction.
Statute of Limitations in Spinal Injury Cases
The statute of limitations is the threshold issue in every spinal cord injury case. No matter how severe the injury or how clear the defendant's liability, a lawsuit filed one day after the deadline is typically dismissed with no recourse. Identifying the correct deadline — including all applicable exceptions — is among the first legal questions in any SCI claim.
Under California law, the general statute of limitations for personal injury claims — including all spinal cord injury cases arising from car accidents, truck crashes, slip and falls, workplace accidents, and premises liability — is two years from the date of injury under Code of Civil Procedure section 335.1. The clock starts on the date of the accident or injury, not the date the injured person first consults an attorney or first understands the legal significance of their injury.
Government entity exception — six months: When any California government entity is a potential defendant — including the City of Los Angeles, the County of San Diego, Caltrans, LACMTA, VTA, school districts, or any other public agency — a separate, shorter deadline applies. Under the California Government Claims Act (Government Code section 911.2), a written claim must be presented to the responsible government entity within six months of the date of injury. This is not a lawsuit; it is a pre-lawsuit administrative claim that is a jurisdictional prerequisite to filing suit. Failure to present the government claim within six months bars the lawsuit entirely, regardless of the merits.
Discovery rule: In some circumstances, the two-year period does not begin until the plaintiff discovers — or reasonably should have discovered — both the existence of the injury and its negligent cause. In spinal cord injury cases, the discovery rule rarely applies because the injury itself is immediately apparent at the time of the accident. The rule is more relevant in cases of gradually manifesting injuries, such as progressive cervical myelopathy that develops over months following an accident.
Minority tolling: When the injured person is a minor at the time of the accident, the statute of limitations is tolled (paused) until the minor reaches age 18. The minor then has two years from their 18th birthday to file suit under Code of Civil Procedure section 352. Government claims involving minor plaintiffs have their own tolling rules under Government Code section 912.2.
Defendant absence: Under Code of Civil Procedure section 351, the statute of limitations is tolled for any period during which a defendant is absent from California, preventing service of process. This provision is most relevant in cases involving out-of-state trucking companies or individual defendants who have relocated outside the state.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." This is the general statute of limitations for spinal cord injury personal injury claims in California. The two-year period begins on the date of injury and is subject to tolling for minority, government entity claims, the discovery rule, and defendant absence from the state.
How Statute of Limitations Works in Practice
The statute of limitations operates as a hard deadline — once it expires, the defendant can move to dismiss the lawsuit and, if the motion is granted, the plaintiff has no further recourse regardless of the merits. Courts have limited equitable authority to toll expired statutes of limitations, and that authority is exercised rarely.
In spinal cord injury cases, the practical sequence is: (1) Identify all potential defendants and their entity type (private or government). (2) Calculate the applicable deadline for each defendant type. (3) If any government entity may be liable, file the government tort claim within six months. (4) File the civil lawsuit within two years of injury (or within six months of the government entity's rejection of the government claim, if that deadline produces a longer window).
The most common fatal errors in California SCI cases involving statute of limitations issues are: failing to identify a government entity defendant (such as a Caltrans road defect or a city-maintained sidewalk) until after the six-month government claim window has closed; and failing to file the civil lawsuit before the two-year period expires while focused on insurance negotiations.
Hypothetical example: A motorcyclist is injured on January 15, 2025 in a crash caused by a pothole on a state highway maintained by Caltrans. The general two-year statute of limitations expires January 15, 2027. But because Caltrans is a state agency, a government tort claim must be presented to the California Department of General Services by July 15, 2025 — six months from the accident. If the claim is rejected on August 1, 2025, the motorcyclist then has six months from the rejection — until February 1, 2026 — to file the lawsuit, which is actually earlier than the two-year general deadline. Missing the July 15 government claim filing permanently bars the Caltrans claim.
State-by-State Variations
The statute of limitations for personal injury cases varies significantly by state, and the difference can be the difference between a viable claim and a permanently barred one for the same SCI facts.
California: 2 years (CCP §335.1) for general personal injury; 6 months for government entities (Gov. Code §911.2). Pure comparative fault. Among the most favorable SOLs for plaintiffs in the country given the two-year period plus government claim rules.
New York: 3 years for general personal injury (CPLR §214); 90 days to file a notice of claim against government entities (NY General Municipal Law §50-e). The 90-day government deadline is significantly shorter than California's six months.
Texas: 2 years (CPRC §16.003); 6 months to file a notice of claim against government entities under the Texas Tort Claims Act. Modified 51% comparative fault bars recovery when plaintiff is majority at fault.
Florida: 2 years (Florida Statutes §95.11(3)(a)) effective for causes of action accruing after March 24, 2023 (reduced from 4 years). The shortened Florida deadline is a significant change that has affected SCI plaintiff strategy in that state.
Illinois: 2 years (735 ILCS 5/13-202); 1 year for claims against local government entities.
Short SOL states: Kentucky (1 year), Louisiana (1 year), Tennessee (1 year). Spinal cord injury plaintiffs in these states face half the filing window of California and must move to preserve evidence and file claims significantly faster.
Related Legal Terms
Comparative Fault
The fault-allocation doctrine that, like the statute of limitations, varies by state and determines whether a spinal injury claim survives.
Spinal Cord Injury
The catastrophic injury whose claim must be filed before the statute of limitations expires or the right to recover is permanently lost.
Life Care Plan
The expert document projecting future damages — only relevant if the lawsuit is filed before the statute of limitations runs.