Personal Injury · Haute Lawyer Network
What Is the Statute of Limitations for Personal Injury?
Last reviewed: June 2026
The statute of limitations is the legal deadline for filing a lawsuit. In personal injury cases, if you do not file your lawsuit within the applicable deadline, your claim is permanently barred — regardless of how strong it is. Courts have no discretion to allow late-filed cases except in very narrow circumstances.
Understanding the deadline that applies to your case is one of the first things an experienced personal injury attorney addresses.
Standard Deadlines by State
Most states have a personal injury statute of limitations of 2 or 3 years from the date of the injury. Common deadlines include:
2 years: California, Texas, Georgia, Pennsylvania, Ohio, and many others.
3 years: New York, Florida (as of 2023), Massachusetts, New Jersey.
1 year: Tennessee, Kentucky, Louisiana.
These are general rules — your specific case may be subject to a different deadline depending on the defendant, the cause of action, and other factors.
When the Clock Starts
In most cases, the statute of limitations begins running on the date of the accident or injury. However, the discovery rule applies in cases where the injury was not immediately apparent — the clock begins when you knew or reasonably should have known that you had a compensable injury.
Medical malpractice cases frequently involve delayed discovery — patients often do not know a procedure caused harm until symptoms emerge months or years later.
Important Exceptions That Can Shorten the Deadline
Claims against government entities — city, county, state, or federal agencies — require prior notice of claim within a very short window, often 30-180 days from the date of injury. Missing this notice requirement bars the claim entirely, even before the statute of limitations expires.
Important Exceptions That Can Extend the Deadline
Minor plaintiffs — the statute of limitations for minors is typically tolled (paused) until the child turns 18, at which point the standard period begins running.
Mental incapacity — if the plaintiff was mentally incapacitated at the time of injury, the statute may be tolled during the incapacity.
Fraudulent concealment — if the defendant took active steps to conceal the cause of the injury, the statute may be tolled until the plaintiff discovers or should have discovered the concealment.
Frequently Asked Questions
Can I file a claim after the statute of limitations expires?
In virtually all cases, no. The defendant will file a motion to dismiss based on the expired statute, and the court will grant it. There are extremely narrow exceptions — primarily for fraud or active concealment — but they are difficult to establish and rarely successful.
Does filing an insurance claim affect the statute of limitations?
No. Filing an insurance claim does not toll the statute of limitations. You must file a lawsuit — not just a claim — within the statutory period, regardless of the status of any insurance negotiations.
What if I did not realize how seriously I was injured until later?
The discovery rule may apply — the statute begins running when you knew or should have known you had a compensable injury. However, applying the discovery rule to extend a filing deadline is a legal argument that must be made in court and is not guaranteed to succeed. Do not rely on the discovery rule if you can act within the standard period.
How much time before the deadline should I hire an attorney?
Immediately after your injury, not close to the deadline. Attorneys need time to investigate, gather evidence, send preservation letters, obtain medical records, and build your case. Hiring an attorney on the eve of the statute of limitations limits what they can do for you.
Does the statute of limitations differ for wrongful death claims?
Yes, sometimes. Wrongful death statutes of limitations are separate from personal injury statutes and may be shorter or longer depending on the state. In some states the wrongful death clock starts from the date of death rather than the date of the accident.
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