How Long Do You Have to File an Injury Claim
An overview of statutes of limitations and why timing may matter in personal injury cases.
Introduction
Every state has deadlines for filing personal injury claims, known as statutes of limitations. Missing these deadlines may affect your ability to pursue a claim. This is informational content only.
What Is a Statute of Limitations?
A statute of limitations is the legal deadline for filing a lawsuit. Once this deadline passes, you may lose your right to file a claim, regardless of its merits.
Common Timeframes
Statutes of limitations for personal injury claims vary by state but commonly range from one to six years. Some common timeframes include two to three years from the date of the injury.
Exceptions That May Apply
- Discovery rule: In some cases, the deadline may start from when the injury was discovered
- Minors: Children may have extended deadlines
- Government claims: Claims against government entities often have shorter deadlines and special procedures
Frequently Asked Questions
What happens if I miss the deadline?
If you miss the statute of limitations, the court will likely dismiss your case. This is why consulting an attorney promptly may be important.
Does the statute of limitations start from the date of the accident?
Usually, but not always. Some exceptions may apply depending on your circumstances and state law.
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