Legal

A Guide to Personal Injury Statutes of Limitations

If you've been injured, the clock is ticking. Learn about the typical deadlines for filing a personal injury lawsuit in different states.

If you've been injured due to someone else's negligence, you have the right to seek compensation for your medical bills, lost wages, and pain and suffering. However, that right is not unlimited. The **statute of limitations for personal injury** sets a strict deadline by which you must file a lawsuit. Missing this deadline can mean losing your right to compensation forever, no matter how strong your case is.

Why Do These Deadlines Exist?

The primary purpose of a statute of limitations is to ensure fairness in the legal process. As time passes, evidence disappears, witness memories fade, and companies may no longer have records. These deadlines encourage victims to bring their claims forward in a timely manner while ensuring that defendants are not forced to defend against stale, decades-old allegations.

How Long Do I Have to File? It Depends on Your State.

There is no national statute of limitations for personal injury. Each state sets its own deadline. This period typically ranges from **one to six years**, with most states falling in the two-to-three-year range. For example:

  • In **California**, you generally have **two years** to file a personal injury lawsuit.
  • In **Texas**, the deadline is also **two years**.
  • In **Florida**, the time limit was recently changed to **two years** (previously four).
  • In **New York**, you have **three years**.

Our Statute of Limitations Calculator can give you a basic estimate for your state, but it is not a substitute for legal advice.

Common Types of Personal Injury Cases

Car Accidents

This is one of the most common personal injury claims. The statute of limitations begins on the date of the accident.

Medical Malpractice

These cases can be complex, as the injury may not be discovered for years. Many states apply the 'discovery rule,' starting the clock when the patient knew or should have known about the malpractice.

Premises Liability (Slip and Fall)

If you are injured on someone else's property due to their negligence, the clock typically starts on the date of the fall or injury.

Product Liability

If you are injured by a defective product, the timeline usually starts on the date the injury occurred.

Crucial Exceptions Can Change the Deadline

The simple formula of "Date of Incident + X years" is not always accurate. Important exceptions can change the deadline:

  • The Discovery Rule can pause the clock until the injury is found.
  • If the injured party is a minor, the deadline is often 'tolled' (paused) until they turn 18.
  • Claims against a government entity usually have much shorter and stricter notice requirements.

Because of these complexities, you must consult with a personal injury attorney as soon as possible after an accident.