Personal Injury Statue of Limitations

There's a limitation on how long you have to sue for personal injury--the statute of limitations. If you don't file within the given time period, you will not be allowed to sue.

The Time to Sue is Measured From When the Injury Occured

The clock starts running when you are injured. Once the injury occurs, you only have a certain number of years in which to bring a lawsuit. If you don't, you will be barred from suing--and it does not matter how deserving you are, or how egregious the behavior giving rise to your injury. The statute of limitations is not concerned with fairness (for the most part; see below) and it is absolute.

Note that you don't need to resolve or complete your legal action within the statutory period--but you must start it within that time.

When You Might Have Extra Time to Sue

There are some circumstances which "toll," or hold in abeyance, the statute of limitions, at least temporarily, giving an injured plaintiff more time to sue. The main one is when the plaintiff did not know--and could not have known--of the injury immediately. This is more common in malpractice lawsuits, where bad medical care can often have consequences that manifest years later, but it could also occur in other personal injury cases, such as when an injury has a delayed effect.

Statutes of Limitation Vary by State

Each state sets its own statue of limitations, so it is VERY danagerous to assume that you know how long you have to sue. It's vital to check the statute for the state in which you're bringing a legal action. Some representative personal injury statutes of limitation are:

California: 2 years
Florida: 4 years
Illinois: 2 years
New York: 3 years
Texas: 2 years

Talk to a Lawyer

Don't take chances with losing your right to recovery just because you missed a deadline. As soon as you've been injured by the negligent or wrongful act of another, consult with an attorney to determine how long you have to sue.

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