Personal Injury Statute of Limitations: How Long Do You Have to Sue?
A statute of limitations is the deadline for filing a lawsuit. Miss it, and your claim is almost certainly gone, however strong it was. Insurance companies know the deadline too, and an adjuster has no duty to remind you.
How long you have
Each state sets its own limit for personal injury claims. Most fall between one and six years, and two or three years is the most common. Different kinds of claims can have different deadlines in the same state. Medical malpractice, wrongful death, property damage and claims against government bodies often have their own rules.
Look up your state's deadline early, or have a lawyer confirm it. Don't rely on a chart you found online, because the exceptions matter.
When the clock starts
Usually on the date of the injury. But many states apply a discovery rule when an injury wasn't immediately known, such as a surgical error found later or illness from a toxic exposure. Then the clock may start when you discovered, or reasonably should have discovered, the injury.
Common exceptions that pause the clock
- Minors. In many states the deadline doesn't start until the injured child turns 18, though medical malpractice often has stricter limits.
- Mental incapacity of the injured person.
- The defendant leaving the state or hiding.
These "tolling" rules are narrow and vary a lot. Never count on one without a lawyer's opinion.
Claims against the government: much shorter
If a city bus, a public employee or a dangerous government-maintained road caused your injury, you may have to file a formal notice of claim within a very short window, sometimes as little as 30 to 180 days, before you can sue at all. Federal claims under the Federal Tort Claims Act require an administrative claim within two years.
Why you shouldn't wait until the last minute
Even with years left, waiting hurts your case. Evidence disappears, video gets erased, witnesses forget, and gaps in medical treatment look bad. And lawyers need time to investigate before filing, so many won't take a case days before the deadline.
Filing a claim vs. filing a lawsuit
Making an insurance claim does not stop the statute of limitations. Only filing a lawsuit in court does (or, for government claims, filing the required notice). If settlement talks drag on near the deadline, your lawyer will file suit to protect your rights.
Hurt in an accident? Find a personal injury lawyer near you and ask about your deadline in the first call. Related: what to do after a car accident.
This guide is general information, not legal advice. Deadlines and exceptions vary by state and claim type.