Personal Injury Statute of Limitations — Don't Miss Your Deadline

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)

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.