How Active-Duty Military Status Can Affect Personal Injury Deadlines

By Eugene Bruno on October 5, 2025

San Diego is home to one of the largest military communities in the nation,  from Naval Base Coronado to Camp Pendleton and Miramar. Many of our friends and neighbors are active-duty service members who dedicate their lives to protecting others. But what happens when they’re the ones injured and their ability to take legal action is delayed by deployment or duty obligations?

The San Diego personal injury lawyers at Eugene Bruno & Associates have decades of experience helping accident victims get the compensation you need to cover the cost of your medical bills and other expenses. We’ve put together this guide on what every service member (and their family) should know about how military service can impact personal injury claims in California.

Understanding the Statute of Limitations in Personal Injury Cases

In most California personal injury cases, you have two years from the date of the injury to file a claim. This deadline, called the statute of limitations, is strict; if you miss it, you may lose your right to pursue compensation altogether. But for service members on active duty, the law recognizes that it’s not always possible to handle legal matters while serving.

The Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) is a federal law that provides a range of protections to those in active military service. One of its lesser-known but most important features is that it can pause or “toll” legal deadlines while a person is on active duty.

This means that the time you spend on active duty doesn’t count against your filing deadline for certain legal actions. This may include personal injury claims.

For example:

• If you’re deployed overseas or stationed away from home and injured before or during service, the statute of limitations may not run while you’re actively serving.
• Once you’re released from active duty, the countdown resumes, giving you a fair opportunity to seek justice.

Why It Matters for Service Members and Veterans

Military service can take you across the country or around the world, making it difficult to collect documents, meet with an attorney, or even know where to begin after an injury. These tolling protections exist so that service members don’t lose their rights simply because they were fulfilling their military duty.

It’s important to remember, though, that the SCRA doesn’t automatically apply to every type of case, and California’s specific rules can affect how long your time is paused. Also, it may not protect your family, which means their claims may have different filing deadlines than the service member. That’s why getting legal advice early  can help preserve your claim, even if you’re still serving.

What to Do If You’re Active Duty and Injured

1. Report the incident right away, whether it happened on base, off-duty, or while traveling.
2. Keep records of your service dates. These are key to determining how much your filing deadline may be tolled under the SCRA.
3. Consult a knowledgeable attorney. Not every lawyer understands how federal and state timelines interact – make sure yours does.
4. Act quickly after returning from active duty. The tolling ends when your service does, and the clock starts ticking again.

We’re Proud to Serve Those Who Serve

At Eugene Bruno & Associates, we’re proud to represent the men and women who dedicate their lives to protecting ours. If you or a loved one in the military has been injured in a car crash, slip and fall, or other incident, our team can help you understand your rights, protect your deadlines, and fight for the recovery you deserve.

To learn more, contact us today at 1-888-BRUNO-88 (1-888-278-6688) for a free consultation.

You’ve served your country – now let us serve you.