How Long Do You Have to File a Personal Injury Lawsuit? Understanding Statutes of Limitations

If you’ve been injured in an accident, time is not on your side. While you might be focused on medical treatments, insurance claims, and getting back to normal life, there’s one critical factor that can determine whether you receive compensation: the statute of limitations.

Every state has strict deadlines for filing a personal injury lawsuit. Miss that deadline, and you could lose your right to recover damages—no matter how strong your case is.

So, how long do you have to file a claim? Are there exceptions? Let’s break it down.

What Is a Statute of Limitations?

A statute of limitations is the legal deadline for filing a lawsuit after an injury. Once this deadline passes, courts will almost always dismiss your case, meaning you lose your chance to recover compensation.

Why Do Statutes of Limitations Exist?

• To ensure evidence remains fresh and reliable.
• To prevent endless lawsuits years after an incident.
• To encourage timely legal action while witness memories are still clear.

But here’s the catch: The time limit depends on the state you live in and the type of personal injury case you’re filing.

How Long Do You Have to File a Personal Injury Lawsuit?

The statute of limitations varies by state, with most allowing between two to three years for personal injury claims.

State-by-State Statutes of Limitations for Personal Injury Cases

State	Time Limit	Notes
California	2 years	Special rules for medical malpractice
Florida	2 years	Extended for minors in some cases
Texas	2 years	Government claims may have shorter deadlines
New York	3 years	Discovery rule may apply
Illinois	2 years	Some exceptions for medical malpractice
Georgia	2 years	Special rules for cases involving minors
Pennsylvania	2 years	Limited exceptions for fraud or concealment
Michigan	3 years	No-fault insurance laws may impact claims
Ohio	2 years	Can be extended in cases of delayed discovery
North Carolina	3 years	Special rules for product liability cases

These time limits apply to most personal injury cases, but some claims have shorter deadlines.

Different Time Limits for Different Case Types

The statute of limitations isn’t the same for every type of claim. Here’s how deadlines may vary:

• Car Accidents: Generally follows the state’s standard personal injury timeline.
• Medical Malpractice: Some states allow extra time if the injury was not immediately discovered.
• Wrongful Death: Many states have shorter deadlines, often one to two years from the date of death.
• Product Liability: Defective product claims sometimes have extended timelines.
• Government Injury Claims: Filing a lawsuit against a city, county, or state usually requires a notice of claim within six months to a year.

If you’re unsure about the deadline for your specific case, consulting a lawyer is crucial.

Are There Exceptions to the Statute of Limitations?

In certain situations, the statute of limitations can be extended or "paused" under what’s known as tolling exceptions.

1. Discovery Rule – When You Don’t Immediately Realize You Were Injured

Some injuries don’t become obvious right away. The discovery rule allows the statute of limitations to start when the injury is discovered, rather than when it occurred.

Example: A patient undergoes surgery but doesn’t realize a doctor left a foreign object inside them until years later. The clock may start from the date they discovered the injury, not the surgery date.

2. Defendant Left the State or Cannot Be Found

If the person responsible for your injury leaves the state or goes into hiding, most courts will pause the statute of limitations until they return.

3. Minor Injury Victims

If the victim was under 18 at the time of the accident, many states allow the statute of limitations to begin when they turn 18 instead of the injury date.

Example: A child injured in a playground accident at age 10 may have until age 20 to file a claim if their state’s statute of limitations is two years.

4. Victim Was Mentally Incapacitated

If the injured person is in a coma, suffers from a brain injury, or has a mental disability, the statute of limitations may pause until they regain legal capacity.

What Happens If You Miss the Deadline?

If you try to file a lawsuit after the statute of limitations has expired, your case will likely be thrown out immediately.

What This Means for You:

• No legal recourse: Even if the defendant was clearly at fault, you lose your right to compensation.
• No leverage in settlement negotiations: Insurance companies will not offer a payout if they know you can’t sue.
• Lost evidence: As time passes, witnesses forget details, records get lost, and evidence becomes harder to collect.

This is why waiting too long to take action can be disastrous.

How a Lawyer Can Help You Meet Deadlines

A personal injury lawyer not only ensures you meet critical deadlines but also strengthens your case by:

• Determining the correct statute of limitations for your situation.
• Investigating whether any exceptions apply to extend your deadline.
• Preserving evidence and gathering witness statements before they fade.
• Handling all legal paperwork and filings to avoid costly mistakes.
• Negotiating with insurance companies to secure a fair settlement before time runs out.

If you’re worried about running out of time, consulting a lawyer as soon as possible is the best way to protect your claim.

Don’t Wait to File Your Claim

The statute of limitations is strict and unforgiving. Missing the deadline means losing your chance to recover damages forever—even if you had a solid case.

If you’ve been injured, don’t wait until it’s too late. The sooner you act, the better your chances of securing the compensation you deserve.

Contact us for a free consultation. We’ll review your case, explain your legal options, and ensure you meet every critical deadline.

Frequently Asked Questions

How long do I have to file a claim if I was injured by a government agency?

Filing deadlines for claims against government entities are much shorter, often six months to one year.

What if I only discovered my injury months or years later?

Some states apply the discovery rule, which allows the clock to start when you discovered (or reasonably should have discovered) the injury.

Does the statute of limitations apply to insurance claims?

No, statutes of limitations apply to lawsuits, not insurance claims. However, insurance companies have their own deadlines for reporting injuries, so it’s best to act quickly.

If you think you might have a personal injury claim, time is running out. Don’t risk missing your opportunity—contact an experienced attorney today to start your case before it’s too late.