How Long You Have to File a Personal Injury Claim Before It Expires

Understanding the Statute of Limitations for Personal Injury Claims

Every state imposes a strict deadline, known as the statute of limitations, for filing a personal injury claim. This legal timeframe varies depending on the jurisdiction, the type of injury, and other factors. Missing this deadline typically results in losing the right to seek compensation.

General Timeframes by State

Most states set the statute of limitations for personal injury claims between one and six years, with two to three years being the most common. Below are some examples:

• California: 2 years (CCP § 335.1)
• New York: 3 years (CPLR § 214)
• Texas: 2 years (Tex. Civ. Prac. & Rem. Code § 16.003)
• Florida: 4 years (Fla. Stat. § 95.11)
• Illinois: 2 years (735 ILCS 5/13-202)

Exceptions That Can Extend or Shorten the Deadline

While most personal injury claims follow standard statutes, certain circumstances alter the filing window.

1. Discovery Rule Exception

Some injuries (e.g., medical malpractice, toxic exposure) may not be immediately apparent. Courts may extend the deadline until the injury is discovered or should have been reasonably discovered.

• Example: A patient discovers a surgical error years after the procedure. Some states allow the clock to start from the discovery date.

2. Minors and Legal Disabilities

If the injured party is a minor or mentally incapacitated, the statute of limitations may be tolled (paused) until they reach legal age or regain capacity.

• Example: A child injured in a car accident may have until their 18th birthday plus the standard filing period (e.g., 2 years in California).

3. Government Claims

Suing a government entity (city, state, or federal agency) often requires filing a notice of claim within months (e.g., 6 months in California, 90 days in New York).

4. Wrongful Death Claims

These cases may have different deadlines. For instance:

• Texas: 2 years from the date of death (Tex. Civ. Prac. & Rem. Code § 16.003(b))
• California: 2 years from the date of death (CCP § 335.1)

5. Product Liability Cases

Some states impose a 10-year statute of repose, barring claims after a decade, regardless of discovery.

Why Filing on Time is Crucial

Failing to file within the statute of limitations means:

• Automatic dismissal of the case.
• Loss of legal rights to compensation, even with strong evidence.
• No exceptions unless rare circumstances (e.g., fraud, incapacity) apply.

Steps to Protect Your Claim Before the Deadline

1. Seek Immediate Medical Attention

Documenting injuries early strengthens your case and establishes a clear timeline.

2. Gather Evidence Quickly

• Police reports (for accidents)
• Witness statements
• Medical records
• Photographs of injuries and the accident scene

3. Consult a Personal Injury Lawyer Early

An attorney can:

• Identify the correct statute of limitations.
• File necessary pre-claim notices (e.g., for government cases).
• Negotiate with insurers before litigation.

4. Avoid Delays in Filing

Even if negotiations are ongoing, waiting too long risks missing the deadline. Filing a lawsuit preserves your right to compensation while settlement talks continue.

Special Cases with Different Deadlines

Medical Malpractice Claims

These often have shorter deadlines:

• 1 year (Tennessee, Kentucky)
• 2 years (many states, but with discovery rules)
• 3 years (some states, like New York for certain cases)

Workers’ Compensation Claims

Workplace injury claims follow separate rules, often requiring reporting within days or weeks.

Federal Tort Claims Act (FTCA) Cases

Suing the federal government requires filing an administrative claim within 2 years, followed by a lawsuit if denied.

What If the Deadline Has Passed?

In rare cases, courts may allow late filings if:

• The defendant concealed evidence.
• The plaintiff was legally incapacitated.
• Fraud prevented timely filing.

However, these exceptions are extremely limited.

Final Considerations

• Check your state’s laws—deadlines vary widely.
• Act fast—evidence deteriorates, and witnesses forget details over time.
• Never assume insurers will settle fairly—legal action may be necessary.

By understanding and adhering to the statute of limitations, you protect your right to fair compensation for injuries caused by negligence.