When you’re injured in an accident, time is not on your side—legally speaking. Every state has a statute of limitations, which is the deadline by which you must file a lawsuit. Missing that window can mean losing your right to seek compensation altogether.
What Is the Statute of Limitations?
This is a state law that limits the time you have to file a personal injury claim in civil court. It’s designed to preserve the integrity of evidence and prevent indefinite legal liability.
Typical Time Limits:
- Most states: 2 or 3 years from the date of the injury
- Some states: As little as 1 year (e.g., Kentucky)
- For minors: The clock may not start until the child turns 18
- Medical malpractice and government claims may have different deadlines
Exceptions and “Tolling”:
In certain cases, the statute may be paused (“tolled”), such as:
- The injured person was mentally incapacitated
- The injury wasn’t discovered until later (e.g., toxic exposure)
- Fraud or concealment occurred
Why It Matters:
- Filing late = automatic dismissal
- Insurance companies may refuse settlement once the deadline passes
- Evidence and witness credibility fade over time
Steps to Take:
- Seek medical attention immediately.
- Preserve all documentation and evidence.
- Consult a personal injury attorney early.
- Be aware of your state’s specific deadlines.
Conclusion:
Knowing the statute of limitations in your state is crucial. Don’t assume you have unlimited time to act—start the legal process as soon as possible to protect your rights and maximize your recovery.