Every personal injury case must be filed within a specific time frame — called the statute of limitations. Missing this deadline usually means losing your right to sue.
What Is the Statute of Limitations?
This is the legal time limit to file a lawsuit after an injury. Each state sets its own period — typically 1 to 3 years from the date of injury.
Common Examples by State:
- California: 2 years for personal injury
- Florida: 4 years
- Texas: 2 years
- New York: 3 years
Why It Exists:
Statutes of limitations protect defendants from being sued long after an incident, when evidence might be lost and witnesses unavailable.
Tolling Exceptions:
Some circumstances “pause” the clock, such as:
- The victim is a minor
- The injury was discovered later
- The defendant fled the state
What If You File Late?
Your case will likely be dismissed, no matter how strong your evidence is. Courts strictly enforce deadlines unless a rare exception applies.
Best Practices:
- Act quickly after any injury
- Keep track of important dates
- Hire an attorney to ensure deadlines are met
Don’t assume you have unlimited time to act. Even one day late can destroy a valid claim.