Every state has strict deadlines for filing personal injury claims. Missing the statute of limitations means losing your right to compensation forever, regardless of how strong your case is.
A statute of limitations is the legal deadline for filing a lawsuit. For personal injury claims, this period typically ranges from 1-6 years from the date of injury, depending on your state and case type.
These deadlines exist to ensure cases are filed while evidence is fresh and witnesses are available. Once the deadline passes, courts will dismiss your case regardless of its merits.
Most states allow 2-3 years for personal injury claims. California, Texas, and Florida allow 2 years. New York and Illinois allow 3 years. Some states like Maine and North Dakota allow up to 6 years.
Medical malpractice and claims against government entities often have shorter deadlines - sometimes as little as 6 months to 1 year. These special rules make consulting an attorney immediately after injury essential.
The discovery rule may extend deadlines in cases where injuries were not immediately apparent. For example, if you develop cancer from toxic exposure years later, the clock may start when you discovered (or should have discovered) the injury.
Minor children typically have until they turn 18, plus the standard statute of limitations. Mentally incapacitated victims may also have extended deadlines. These exceptions vary significantly by state.
Even if you have years to file, acting quickly is advisable. Evidence disappears, witnesses forget details, and surveillance footage gets deleted. The sooner you contact an attorney, the stronger your case.
Insurance companies know these deadlines and may delay settlement negotiations hoping you will miss them. Having an attorney protects against these tactics and ensures timely filing.
Your case will be dismissed and you lose all right to compensation, regardless of how clear fault was or how severe your injuries are. Courts have no discretion to extend these deadlines.
Usually from the date of injury. However, the discovery rule may start the clock when you discovered or should have discovered your injury in cases involving latent conditions.
Yes. Claims against government entities may require notice within 6 months. Medical malpractice cases often have 1-2 year limits. Always consult an attorney immediately after injury.
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