Personal Injury Statute of Limitations
By Elliot Singer, Esq. · Reviewed June 28, 2026
Every personal injury claim comes with a deadline called the statute of limitations. Miss it, and you usually lose the right to recover anything — no matter how strong your case was. It's the one mistake that can't be undone, so it's worth understanding early.
The deadline depends on your state, the type of claim, and who you're suing. Here's how it works, the traps that can shorten it, and why it's a bad idea to wait even when you think you have time.
How long do you usually have?
For most personal injury claims, the statute of limitations runs somewhere between one and six years, with two or three years being the most common. The clock typically starts on the date of the injury.
Because the exact deadline varies by state and by the kind of claim, the only safe assumption is that yours is shorter than you think — and that you should confirm it for your specific situation rather than guess.
When the clock can start later — the discovery rule
Some injuries aren't obvious right away. Under what's called the discovery rule, the deadline in many states starts when you knew, or reasonably should have known, that you were harmed — not necessarily the date it happened.
This matters most for injuries with delayed symptoms or causes that take time to surface, like certain illnesses or medical errors. But the rule is narrow and heavily litigated, so it's never something to rely on without advice.
Shorter deadlines for claims against the government
If your claim is against a city, county, state, or federal entity — a government vehicle, a public property hazard, a public hospital — the rules are different and far stricter. Many require a formal written notice of claim within a matter of months, long before the normal statute of limitations would run.
Miss that notice window and the claim can be barred even though years remain on the ordinary deadline. These claims need prompt attention.
Minors and other exceptions
When the injured person is a minor, many states pause (or "toll") the clock until they reach adulthood. Other narrow exceptions exist for incapacity and for defendants who leave the state.
Exceptions are the exception, though — not a plan. The reliable move is to treat the earliest possible deadline as the real one.
Why waiting hurts even when you have time
Even well inside the deadline, delay costs you. Evidence disappears, vehicles get repaired, surveillance footage is overwritten, and witnesses forget or move. The sooner the facts are documented, the stronger the claim.
The strongest claims are the ones where someone started preserving evidence early. A free case review costs nothing and gets that clock and that evidence working in your favor.
Statute of Limitations FAQ
What happens if I miss the statute of limitations?+
In almost all cases, the court will dismiss your claim and you lose the right to recover, regardless of how strong it was. A few narrow exceptions exist, but you can't count on them — the deadline is effectively final.
Does the deadline start at the accident or when I discovered the injury?+
Usually the date of the injury, but many states apply a discovery rule that starts the clock when you knew or should have known you were harmed. Which applies depends on your state and the facts, so it's worth confirming.
Is the deadline shorter for claims against the government?+
Often dramatically. Claims against government entities frequently require a formal notice within months, well before the ordinary statute of limitations. These claims need fast action.
How do I find out my state's exact deadline?+
Because it depends on your state and the type of claim, the safest way is to have an attorney confirm it for your specific situation. A free case review will tell you the deadline that applies to you.
Don't wait on the clock.
The sooner a licensed attorney looks at your case, the more options you have. The review is free — no upfront cost, no fee unless we win.