Thinking about filing a personal injury claim but not sure if there’s still time?
Millions of Americans get injured each year and are eligible to file a claim. The issue is…
Only a minority know that there’s a deadline to file that claim.
If they wait too long, their case gets tossed. Even if the evidence is solid and the injuries were severe.
This deadline is the statute of limitations. The most crucial date to know when filing a personal injury lawsuit.
In This Guide:
- What Is the Statute of Limitations?
- Why Do Personal Injury Claim Deadlines Exist?
- How Long Does Each State Give?
- Extensions of the Deadline
- What Happens If the Deadline Is Missed
What Is the Statute of Limitations?
The statute of limitations is the deadline to file a personal injury claim with a court of law.
Essentially an expiration date on your right to sue. The second the clock runs out…
The court will not hear your case.
The exact deadline is different in every state. And it can change depending on the type of injury or the place where it occurred.
The most common statute of limitations timeframe in the US is two to three years from the date of injury. But a few states provide just one year. And some extend to six years.
You’ll understand why this deadline matters so much shortly…
When a victim is injured through the negligence of another, one of the first steps to take is to contact a reputable personal injury law firm like Mahony Law Firm to handle the claim. Professionals know to track down all filing deadlines. Dropping the ball on just one date can derail an otherwise strong claim.
Why Do Personal Injury Claim Deadlines Exist?
Statutes of limitations are not arbitrary. They exist for several very good reasons.
Simply put, evidence degrades over time. Witnesses move, forget or die. Documents get lost or destroyed.
Courts want to adjudicate claims while the facts are still fresh. That way, both the injured person and the person they are suing have an equal opportunity to present evidence.
There’s another reason too…
The defendant shouldn’t have to be in fear that a lawsuit could pop up years or even decades after the accident. Deadlines give both sides closure and finality.
Clio’s 2025 legal statistics report says about 95% of personal injury cases are settled before trial. Meaning, that nearly all injury claims get negotiated before going to court. And negotiations will only begin if the case gets filed before the statute of limitations expires.
Filing Deadlines by State
The statute of limitations is different for each state. Below is a summary:
Deadline of One Year:
- Kentucky
- Louisiana
- Tennessee
Deadline of Two Years (Most Common):
- California
- Florida
- Texas
- Georgia
- Pennsylvania
- and 21 other states
Deadline of Three Years:
- New York
- New Jersey
- Massachusetts
- Colorado
- Oregon
Deadline of Four to Six Years:
- Maine (6 years)
- North Dakota (6 years)
- Utah (4 years)
- Wyoming (4 years)
Pretty cut and dry, right?
Not so fast…
Some states have shorter deadlines for specific types of injury claims. Medical malpractice is often one with much shorter windows for action. And what about when the other party is a government agency? The filing deadline can be as short as 90 to 180 days in those cases.
Exceptions That Extend the Deadline
In a few cases, the standard deadline does not apply. Several exceptions allow you to pause or even extend the statute of limitations.
The Discovery Rule
Not all injuries are immediately discovered.
For instance, a medical malpractice case. The injury in this example, the surgical error of a doctor leaving an object inside a patient, may not be discovered until a later date.
The discovery rule provides an exception to the general rule. The statute of limitations does not start to run until the injury is discovered or reasonably should have been discovered.
The discovery rule most commonly applies to medical malpractice. But it can extend to other cases as well.
Minor Children and Incapacity
A minor cannot file a lawsuit on their own behalf.
States typically suspend the statute of limitations until the minor turns 18 years old. At that point, the person has the standard time period to file a claim.
Similar laws exist for people who are mentally incapacitated at the time of injury.
The Defendant Leaves the State
If the defendant leaves the state where the accident occurred, the statute of limitations may be tolled until they return.
What Happens If the Deadline Is Missed
OK, here’s the thing…
If you miss the statute of limitations, your case is finished.
The court will dismiss it. Period. The statute of limitations is a hard deadline. No extensions. No excuses. No second chances.
It gets worse…
Insurance companies know their deadlines. As soon as your window to file a claim closes, they have no incentive to negotiate with you. They won’t offer a settlement because you have no ability to sue them.
You lost all leverage the moment the filing deadline passed.
The Bureau of Justice Statistics reports that about 70% of filed claims received payment. But keep in mind, those stats only include the cases that were actually filed before the deadline.
Government Claims Are Different
Filing a claim against a government agency is an entirely different process.
The vast majority of states require you to file a formal notice of claim. And the deadline for that notice is much shorter than the standard statute of limitations.
In many cases, there are only six months to file the initial notice. In some states, the filing window is even shorter.
The government agency has a fixed time after receiving the notice to respond. Only after that response can a lawsuit actually be filed.
The tight deadlines and extra steps derail a lot of these claims. Without expert legal advice, claims against a city, county, or state agency usually get lost before they even start.
Acting Quickly Is in Your Best Interest
Time is not your friend after an injury.
Every day that goes by is another day that evidence can fade.
Witnesses move away. Surveillance video gets erased. Police reports can be difficult to track down.
A strong case takes time. If you wait until the last minute, your case quality will suffer.
Start early. Get medical treatment immediately and documented. Preserve any physical evidence from the accident. And most of all…
Speak with an attorney before the deadline looms.
Wrapping It Up
The statute of limitations isn’t just legal jargon. It’s the single most important deadline in your personal injury case.
If you miss it, compensation is off the table. No matter how clearly the defendant was at fault. And no matter how severe your injuries are.
Quick summary:
- Most states have two- to three-year time periods to file
- Some have much shorter deadlines
- Exceptions include delayed discovery and minor children
- Claims against government agencies have extra steps
- The clock stops ticking once the deadline has passed
Time flies by once you’ve been injured. From the physical recovery to the financial stress and back to day-to-day life, legal deadlines can creep up on you.
Don’t let that happen. Know the deadline. Track it on a calendar. And take action before it passes and the opportunity for compensation is lost.
