If you have been injured because of another person’s negligence or wrongful conduct, you may have a limited amount of time to take legal action. The deadline for filing a personal injury lawsuit is generally controlled by a law known as the statute of limitations.
Understanding the statute of limitations is important because waiting too long can potentially prevent you from pursuing a lawsuit.
There is no single personal injury statute of limitations that applies throughout the United States. The deadline varies by state and can also depend on the type of injury and circumstances of the claim.
What Is the Statute of Limitations?
A statute of limitations is a legal time limit for starting a lawsuit.
For personal injury cases, the clock often begins when the injury occurs, although certain legal rules can affect when the period begins.
Once the applicable deadline expires, a defendant may be able to raise the statute of limitations as a defense. Depending on the circumstances and applicable law, this can prevent the injured person from pursuing the lawsuit.
How Long Do You Have to File a Personal Injury Claim?
The answer depends on where the injury occurred and what type of legal claim is involved.
Different states have different deadlines for personal injury lawsuits. Some claims may have a two-year period, while other jurisdictions provide different periods.
There can also be exceptions that change the calculation.
For this reason, searching online for a general nationwide deadline is not enough to determine how long you actually have to file a lawsuit.
Car Accident Injury Claims
Car accident lawsuits are among the most common types of personal injury claims.
After a collision, an injured person may have a claim involving medical expenses, lost income, property damage, pain and suffering, or other losses.
The deadline for filing a car accident lawsuit depends on the state and circumstances of the case.
Insurance claims and lawsuits are also not necessarily subject to the same procedures or deadlines, so an accident victim should not assume that contacting an insurance company automatically preserves every legal right.
Slip and Fall Injury Claims
A slip and fall accident can result in a premises liability claim when a property owner or another responsible party may be legally liable for the dangerous condition.
Evidence can become important in these cases.
Photographs of the hazard, incident reports, witness information, medical records, and other documentation may help establish what happened.
The applicable statute of limitations depends on the jurisdiction and circumstances.
Medical Malpractice Claims
Medical malpractice cases can involve different rules from ordinary personal injury cases.
Issues can include when the injury was discovered, when the patient reasonably should have discovered the injury, and whether special statutory rules apply.
Because medical malpractice deadlines can be complicated, anyone considering such a claim should investigate the applicable requirements promptly.
Claims Against Government Agencies
A claim involving a city, county, state, or federal government entity may have additional notice requirements and deadlines.
These cases can involve rules that are different from claims against private individuals or businesses.
If a government agency may be responsible for an injury, it is especially important to determine the applicable procedures quickly.
What Happens If You Miss the Deadline?
If the statute of limitations has expired, the defendant may raise the expiration of the deadline as a defense.
In some circumstances, a court may dismiss a lawsuit filed after the applicable limitations period.
There can be exceptions, however, and the exact rules vary by jurisdiction.
Does Hiring a Lawyer Extend the Statute of Limitations?
Simply contacting or hiring an attorney does not automatically extend a legal deadline.
The applicable statute of limitations continues to operate according to the law unless a specific legal rule applies.
This is why it is important not to wait until the last minute to investigate a potential personal injury claim.
How to Protect Your Legal Rights After an Injury
If you believe you may have a personal injury claim, preserve documentation from the beginning.
Important records may include:
- Accident reports
- Medical records
- Medical bills
- Photographs
- Videos
- Witness information
- Insurance correspondence
- Employment records
- Receipts
- Property damage documentation
Keep copies of documents and correspondence related to the incident.
Do You Need a Lawyer to File a Personal Injury Lawsuit?
You are not necessarily required to have an attorney to pursue every personal injury claim.
However, personal injury litigation can involve procedural requirements, evidence, liability disputes, negotiations, and legal deadlines.
A personal injury lawyer can review the facts of your case and explain the laws and deadlines that apply to your situation.
There is no single answer to the question, “How long do you have to file a personal injury lawsuit?”
The statute of limitations depends on state law, the type of claim, and the circumstances surrounding the injury. Special rules may apply to medical malpractice, government claims, minors, and other situations.
If you believe you have a personal injury claim, do not assume that you have plenty of time. Determine the applicable deadline as early as possible.
Disclaimer: The information provided in this article is for general educational and informational purposes only. It is not legal advice and does not create an attorney-client relationship. Statutes of limitations and other legal deadlines vary by state, type of claim, and individual circumstances. Exceptions and special rules may apply. Do not rely on this article to determine the deadline for your particular case. Consult a qualified attorney licensed in the appropriate jurisdiction for advice regarding your specific legal matter.