Personal injury statute of limitations

What a statute of limitations is, why deadlines for filing an accident injury claim vary by state, and common exceptions.

What it is

A statute of limitations is a legal deadline for filing a lawsuit. If you miss it, a court will usually refuse to hear your case, however strong it is.

It varies by state

Deadlines for personal injury claims are set by each state and commonly fall between one and three years from the date of the injury, though some states are shorter or longer. Claims against a government body often have much shorter notice requirements, sometimes only months.

Common exceptions

Courts may pause or extend the deadline in some situations, for example when the injured person is a minor, when an injury was not and could not reasonably have been discovered right away, or when the at-fault party leaves the state. These rules are narrow and differ by state.

What to do

Do not wait. Evidence fades, witnesses move and the clock may already be running. Speak with a licensed attorney in your state as soon as you can to find out the exact deadline that applies to you.

This guide is general information, not legal or medical advice, and no attorney-client relationship is created by reading it. Laws vary by state. See our Legal Disclaimer.