The Statute of Limitations for Injury Claims, Explained

If you were hurt in an accident, one of the most important and least obvious rules is the statute of limitations.

What it is

A statute of limitations is a legal deadline for filing a lawsuit. If you miss it, a court can refuse to hear your case, even if you were clearly injured by someone else's mistake.

How long is it?

It depends on your state and on the type of claim. For personal injury, many states allow a few years from the date of the accident, but the range is wide, and some are as short as one year. Different kinds of claims, such as wrongful death, medical malpractice, or claims involving property or contracts, can have different deadlines.

Claims against the government

If a city, county, state, or other public entity may be responsible, such as a pothole, a public bus, or a government vehicle, the rules are often much stricter. Some places require a written notice of claim within weeks or months, well before the normal lawsuit deadline.

When does the clock start?

Usually on the date of the accident. In some situations, such as an injury that is not discovered right away, the clock may start later. Children's claims are often treated differently as well. These exceptions are narrow and fact-specific, so it is risky to assume one applies to you.

Why this affects your timing

A claim does not need to be resolved before the deadline, but a lawsuit may need to be filed. Investigating, collecting medical records, and negotiating with an insurer all take time. Starting late can leave little room.

What to do

• Write down the date of the accident and any related events.
• Find out which deadline applies in your state and to your type of case. A licensed attorney can tell you.
• If a government entity may be involved, ask about notice requirements right away.
• Do not assume that ongoing talks with an insurer pause the deadline. They usually do not.

A common mistake

Waiting to see how the injury develops is natural, and it can be reasonable. The risk is waiting so long that the deadline passes without you realizing it.

This article is general information, not legal advice. Deadlines and exceptions vary by state and by case, so confirm yours with a licensed attorney.