So you were helping your friend when you slipped in a grocery store and hit your head. At first, everything seems fine, but weeks later, you start forgetting things, experience headaches, and struggle to focus. You call a doctor, and it turns out you have a traumatic brain injury. Now you’re racing against time. Because no matter how hidden an injury seems at first, knowing the CA TBI filing deadline could mean the difference between justice and being shut out of the legal system forever.
In this blog, we’re going to break down some common myths people believe about filing a brain injury claim in California, so you don’t miss your deadline.
Myth #1: The 2‑Year Limit Applies to Everyone Equally
When someone mentions a 2‑year limit, most people hear “you’ve got plenty of time” and assume that rule applies to everyone, equally, in every situation. That’s the myth, and it’s one that causes a lot of people to think they’re safe because two years sounds like a long time.
The deadline isn’t always simple. California law recognizes that some people can’t reasonably file a claim within two years, especially in situations that involve brain injuries and other serious harms. So before you assume you’ve got plenty of time, let’s break down the real rules behind this deadline.
Reality #1: Kids Get Extra Time
The reality is, kids get extra time. If a minor is injured, the legal clock doesn’t start ticking until they turn 18. This happens because California law “pauses” or tolls the filing deadline for minors so they aren’t forced to rush into complicated legal decisions before adulthood.
Reality #2: If Someone Can’t Think or Act Legally, the Clock Waits
If someone is in a serious car crash and ends up in a prolonged coma. Even months after the treatment, the victims may not be able to understand their legal rights or make decisions. In such cases, California law usually pauses the two‑year clock until the injured person is mentally able to participate in their claim again.
This rule ensures that someone isn’t penalized for injuries that make it impossible to take legal action. Especially, if those injuries affect memory or understanding, which is common with traumatic brain injuries.
Reality #3: If You Didn’t Know You Were Hurt, Time Doesn’t Start Yet
Sometimes you don’t realize you’re really injured until weeks, months, or even years after the accident. That’s where another legal concept—delayed discovery or the discovery rule - comes in.
Imagine you slip at the grocery store and hit your head, but you feel fine. Weeks later, you start forgetting simple things, or you get dizzy for no reason. You go to the doctor, and they link these symptoms to that earlier accident. In this case, the clock doesn’t necessarily start on the day you fell. Instead, it starts on the day you could reasonably be expected to discover the injury and its link to the accident.
So, even though the typical rule is two years for most personal injury claims in California, it doesn’t always begin on the day of the injury. What matters is when you knew or reasonably should have known about the injury and its cause.
Myth #2: Government Claim Filing Is Just Paperwork
A lot of people treat government claim filing like it’s just another form to fill out, something they’ll “get around to later.” But if you think that, you’re headed for trouble. Filing a government claim isn’t optional or just “extra paperwork.”
For example, if you were in a biking accident caused by a loose curb in a city park, you could file a complaint against the state of California, as the park is considered government property.
But if you think you can just jump straight into a lawsuit, you are wrong. California law says that before you can sue a city, county, school district, or other public entity, you must first send them a government claim within a strict deadline, usually six months after the injury.
That’s why this part of the process is not just paperwork; it’s a legal gateway to your right to seek compensation. If you wait too long, it might be too late.
A written claim must be presented to the government agency within six months after the injury or discovery of injury in most personal injury cases. If you don’t do that, your case can be barred forever, even if the government was clearly at fault.
This deadline is part of the California Government Claims Act, and it’s strict. Courts will only allow a late claim in very limited situations, like when someone was physically unable to file or was a minor throughout the deadline window.
Practical Consequences of Filing Incorrectly or Late
Here’s what often happens when people get this wrong:
- Claim rejected for missing basic info: If your claim doesn’t include the date, location, and description of what happened, the agency can reject it. If that happens after the six-month period, you may lose the right to sue.
- Claim filed with the wrong agency: If you send the claim to the wrong government office (for example, sending it to a city office when the state is responsible), it may be considered not filed at all.
- No lawsuit later: Even if your injury is serious, if the initial claim wasn’t timely and correctly filed, you often can’t take the case to court afterward.
- Limited time to sue after rejection: Once your claim is rejected (which often happens), you usually have only six months from the date the rejection notice is mailed to file a lawsuit.
How Can the Law Offices of John C. Ye Help
Understanding the rules around brain injury claims can feel overwhelming. It’s easy to make a mistake that could cost you everything. That’s where we come in.
At the Law Offices of John C. Ye, we help families cut through the noise, figure out how the CA TBI filing deadline truly applies to their situation, and take fast, accurate action to protect their rights. Our team knows how to gather the right evidence, prepare a proper legal notice, and build a case designed to stand up in court.
If you or someone you love is dealing with a traumatic brain injury, don’t try to guess which rules apply to you. Contact us today to speak with an experienced brain injury lawyer.
FAQs
What is the CA TBI filing deadline?
In many situations, injured people have about two years to start a lawsuit. However, the exact timing can change depending on facts like when the injury was discovered or whether a government agency is involved.
Does the 2-year limit always start on the day of the accident?
Not necessarily. Under certain circumstances, the countdown may begin when you discover the brain injury and its cause.
How does the discovery rule work in brain injury cases?
The discovery rule can delay when the clock starts if the symptoms were not immediately obvious. Because TBIs sometimes appear later, this rule can play a big role in determining your deadline.
What is government claim filing, and when is it required?
If your injury involves a city, county, or public agency, you usually must submit a government claim before filing a lawsuit. This step often has a much shorter timeline than standard cases.
What happens if I miss the CA TBI filing deadline?
You may lose the right to pursue compensation entirely. In rare situations, exceptions apply, but courts enforce deadlines very strictly.
Do minors have the same deadline as adults?
Usually no. When the injured person is under 18, the law may pause the statute of limitations until they reach adulthood, which can extend the time to file.
Why is a legal notice so important in these cases?
Providing proper legal notice preserves your ability to bring the case to court. Missing or incorrectly submitting a notice can prevent a lawsuit from moving forward.
Can I file a claim without a lawyer?
You can, but brain injury timelines and procedural rules are complicated. Many people discover too late that a small error affected their ability to recover damages.
How soon should I speak with a lawyer after a brain injury?
As soon as possible. Early advice helps protect evidence, calculate the right deadline, and avoid mistakes related to discovery issues or government filings.
How can a Brain Injury Lawyer in Los Angeles help me meet my deadline?
An attorney can analyze your situation, determine which timelines apply, prepare required documents, and file everything correctly so your rights are protected.
