Statute of Limitations
Know the deadlines for filing personal injury claims
Know the deadlines for filing personal injury claims
Every personal injury claim has a deadline. The statute of limitations is the legal time limit within which you must file a lawsuit. If you miss this deadline, courts will almost always dismiss your claim, no matter how strong it is. Limited exceptions exist (covered below), but you should never count on one. This deadline varies based on your state and the type of injury.
Many people wait too long before contacting an attorney, thinking the statute of limitations doesn't apply to them or that they have more time. This is a critical mistake. Contact an attorney immediately after an injury to ensure you preserve your legal rights.
While statutes of limitations vary significantly by state, here are typical timeframes for personal injury claims:
Note: These are general guidelines only. Your state and specific claim may have different deadlines. Check your state's statute or ask an attorney about the exact deadline that applies to you.
Typically 2-3 years from date of accident in most states
Generally 2-3 years from date of injury, though some states allow up to 5 years
Often 2-3 years, but may extend up to 7 years in some states; "discovery rule" may extend deadlines if injury not immediately apparent
Typically 2-4 years, depending on state and product type
Usually 2-3 years from date of death, which may be different from date of injury
Commonly 2-3 years from date of bite
Several legal doctrines can extend or modify statute of limitations:
In some states and claim types, the statute of limitations doesn't begin until you discover (or should have discovered) the injury. This is particularly important for medical malpractice where symptoms may not appear immediately.
If the injured person is a minor, the statute of limitations may not begin until they reach the age of majority (usually 18). A parent or guardian can generally file a claim on the child's behalf while they are still a minor; separately, many states pause the child's own deadline until they turn 18.
If the injured party is mentally incapacitated, unconscious, or otherwise unable to pursue a claim, the statute of limitations may be tolled (paused) until they regain capacity.
If the defendant leaves the state or country, some states toll the statute of limitations until they return.
Be careful: in most states, ongoing settlement negotiations do NOT pause the deadline — only filing a lawsuit stops the clock. Never let negotiations with an insurer run close to your filing deadline.
Missing the statute of limitations deadline is catastrophic. Courts rarely have discretion to extend it — in almost every case your claim is barred permanently, and you lose the right to compensation.
You will lose your case if you file after the deadline.
Even if your claim is valid, your injury is legitimate, and the defendant is clearly at fault, filing after the statute of limitations expires results in automatic dismissal of your lawsuit.
Consulting an attorney does not oblige you to file a lawsuit immediately. An attorney can act to preserve your position while you recover and gather information. The critical step is speaking to one before the deadline passes.
Act now to protect your legal rights. To find an attorney before your deadline passes, use your state or local bar association's lawyer referral service.
How to find an attorneyBar referral services are run by the legal profession, not by us. This site collects nothing from you.
Notice. PersonalInjuryAttys.com is an information resource, not a law firm, and does not provide legal advice. This website is designed for general informational purposes only. The information presented should not be construed as legal advice. Statute of limitations laws vary significantly by state, injury type, and specific circumstances. Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits. Do not rely on the general information provided here for your specific situation—consult with a qualified attorney immediately.