How Long Do You Have to File a Personal Injury Claim? Understanding the Statute of Limitations

After an accident, taking legal action may not be the first thing on your mind. However, understanding the statute of limitations—the legal deadline to file a lawsuit—is crucial. If you wait too long, you could lose your right to recover compensation, no matter how strong your case may be.

What Is a Statute of Limitations?

Each state sets a specific time limit for filing personal injury claims, typically ranging from one to six years. In most cases, the clock starts ticking from the date the injury occurred. Missing this deadline usually results in your case being dismissed, regardless of the circumstances. Learn more about how filing deadlines work in this resource.

Are There Exceptions?

Yes—certain conditions may allow you to file after the standard deadline. These include:

• Discovery Rule: This exception applies when an injury isn’t discovered right away. For example, if symptoms emerge months later, the time limit might begin when the injury is identified—not when it occurred.

• Tolling: Some states pause the statute of limitations for specific reasons, such as when the injured person is a minor, mentally incapacitated, or the at-fault party leaves the state.

Still, these exceptions are not guaranteed. Courts apply them cautiously and often require extensive proof. Read more about special filing exceptions in this guide.

Why Acting Early Matters

Even if you’re negotiating with an insurance company, you must keep the statute of limitations in mind. If those talks stall, you should still have enough time left to file a lawsuit before the deadline passes. Starting early also gives your legal team time to gather evidence and prepare your case effectively.

Do not risk losing your legal rights due to a missed deadline. Contact the Law Offices of David Davidi today to protect your case and explore your legal options.