Personal Injury Statute of Limitations — Don't Miss Your Deadline
Critical deadlines for personal injury claims by state. Miss the statute of limitations and lose your right to compensation forever.
Personal Injury Statute of Limitations: State-by-State Guide
The statute of limitations is the legal deadline to file a personal injury lawsuit. Miss it and you permanently lose your right to sue — no exceptions in most cases.
Statute of Limitations by State (2025)
| State | Time Limit | Notes |
|---|---|---|
| California | 2 years | 6 months against government |
| New York | 3 years | Medical malpractice: 2.5 years |
| Florida | 2 years | Changed from 4 years in 2023 |
When Does the Clock Start?
Usually: the date of the accident or injury.
Exceptions (may extend the deadline): - Discovery rule — Clock starts when you discovered (or should have discovered) the injury - Minor victims — Usually starts when minor turns 18 - Mental incapacity — Tolled while incapacitated - Defendant leaves state — Paused while they're gone - Fraudulent concealment — If defendant hid the injury cause
Government Claims: Much Shorter Deadlines
Claims against city, county, or state governments require: - Filing a formal government tort claim within 6 months (most states) - Waiting for claim to be denied - Then filing lawsuit within statute of limitations
Miss the government notice requirement = permanently barred.
Medical Malpractice Deadlines
Usually 2-3 years, but measured from: - Date of negligent act, OR - Date you discovered the harm (whichever is later)
Some states have absolute cutoffs ("statute of repose") regardless of discovery.
Why You Should File Early
- Evidence preserved while fresh
- Witnesses remember better
- Insurance companies take cases more seriously
- More time to negotiate before trial is needed
What Happens If You Miss the Deadline?
The defendant will file a motion to dismiss. Courts almost always grant it. Your case is over. No compensation.
Final Verdict
Don't wait. Every day after your injury is a day closer to losing your rights forever. Consult a personal injury lawyer immediately — most offer free consultations and can tell you exactly what deadlines apply to your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.