Understanding the statute of limitations for personal injury lawsuits is crucial. Missing these deadlines can permanently bar you from seeking compensation for your injuries.
Most states give you 2-3 years to file a personal injury lawsuit. However, some states have as little as 1 year while others allow up to 6 years. Missing your deadline typically means you lose your right to sue forever.
| State | Time Limit | Special Notes |
|---|---|---|
| California | 2 years | From date of injury or discovery |
| Texas | 2 years | From date of injury |
| Florida | 4 years | Longer period for most personal injury |
| New York | 3 years | From date of injury |
| Pennsylvania | 2 years | From date of injury |
| Illinois | 2 years | From date of injury |
| Ohio | 2 years | From date of injury |
| Georgia | 2 years | From date of injury |
| North Carolina | 3 years | From date of injury |
| Michigan | 3 years | From date of injury |
In most cases, the statute of limitations begins on the date the accident occurred or the date you were injured. This is the standard rule applied in most states.
Some states use the "discovery rule," where the clock starts when you discover (or should have reasonably discovered) your injury. This is common in medical malpractice and toxic exposure cases.
In medical malpractice cases, some states don't start the clock until treatment ends, allowing patients to continue seeing the same doctor without losing their right to sue.
Children typically have until their 18th birthday plus the standard statute of limitations to file suit. For example, in a 2-year state, a minor has until age 20 to sue.
If someone is mentally incapacitated due to their injuries, the statute of limitations may be paused until they regain capacity or a guardian is appointed.
If the person who caused your injury leaves the state, the time they're absent typically doesn't count toward the statute of limitations in many states.
If the defendant actively concealed their wrongdoing or the extent of your injuries, the deadline may be extended until the fraud is discovered.
| Case Type | Typical Deadline | Special Considerations |
|---|---|---|
| Car Accidents | 2-3 years | Standard personal injury timeline |
| Medical Malpractice | 1-3 years | Often from discovery date, not incident |
| Product Liability | 2-4 years | May have statute of repose limits |
| Wrongful Death | 1-3 years | Usually from date of death |
| Government Claims | 30 days - 2 years | Often require notice within 30-180 days |
Research your state's specific statute of limitations for your type of case. When in doubt, assume the shortest possible deadline applies.
Start collecting evidence immediately, including medical records, accident reports, photographs, and witness statements. Evidence becomes harder to obtain over time.
Even if you're not sure you want to file a lawsuit, getting legal advice early helps preserve your options and ensures you don't miss critical deadlines.
Ongoing settlement talks with insurance companies do NOT stop the statute of limitations clock from running. You must file suit by the deadline regardless of settlement negotiations.
Get a free consultation to understand your state's statute of limitations and protect your right to compensation.
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