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personal injury statute of limitations

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)

StateTime LimitNotes
California2 years6 months against government
New York3 yearsMedical malpractice: 2.5 years
Florida2 yearsChanged 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.

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