After a serious accident, you may be focused on medical recovery — but time is ticking if you plan to file a personal injury lawsuit. Every state has a law called the statute of limitations, which limits how long you have to take legal action.
What Is a Statute of Limitations?
It’s the legal deadline to file a lawsuit. If you miss this deadline, your case will likely be dismissed — even if you have a strong claim.
Typical Timeframes:
- Most states: 2 to 3 years from the date of the injury
- Some allow up to 4 years
- Claims against the government: as little as 6 months!
When the Clock Starts:
- Generally: the date of the accident
- In some cases: when the injury is discovered (called the discovery rule)
- Example: medical malpractice or toxic exposure
Exceptions That May Pause the Clock:
- Victim is a minor
- Defendant is out of state
- Mental incapacity
- Fraud or concealment
Why Filing Early Helps:
- Preserves evidence and witness testimony
- Gives your lawyer time to build the case
- Avoids last-minute court rejections
What If You’re Close to the Deadline?
Contact an attorney immediately — you may still have options, but delays could cost you your entire case.