After an accident, you may be eligible to bring a claim against the party responsible for your injuries. If so, it is critical to take swift legal action. Delaying can cause you to miss important deadlines and prevent you from recovering your losses.
But how long do you have to file a personal injury lawsuit? We have outlined the different factors that can influence your personal injury claim timeline below.
What is the Statute of Limitations on a Personal Injury Lawsuit?
A statute of limitations determines the time limit you have to take a personal injury claim to court. The majority of personal injury claims are based on negligence. However, if a lawsuit contains multiple claims (causes of action), you might have to comply with different deadlines.
In order to protect your rights, speak to a qualified personal injury attorney immediately after you have been injured as the result of fault. If you fail to bring your claim before the expiration of the statute of limitations deadline, you could be prevented from recovering the compensation you would otherwise deserve.
Personal Injury Statute of Limitations By State
New York’s Statute of Limitations is complicated and varies based upon both the type of injury and the party who has acted negligently. Each case is unique, and only a personal injury lawyer in your state can give you an accurate answer regarding your claim’s time limit.
There are factors that can influence your personal injury timeline. For example, the deadline for filing a lawsuit against a government entity is often less than the state’s personal injury statute of limitations.
Personal Injury Statute of Limitations: One Year
- Kentucky
- Louisiana
- Tennessee
Personal Injury Statute of Limitations: Two Years
- Alabama
- Arizona
- Colorado
- Delaware
- Hawaii
- Illinois
- Iowa
- Minnesota
- New Jersey
- Oklahoma
- Pennsylvania
- Virginia
- Alaska
- California
- Connecticut
- Georgia
- Idaho
- Indiana
- Kansas
- Nevada
- Ohio
- Oregon
- Texas
- West Virginia
Personal Injury Statute of Limitations: Three Years
- Arkansas
- Maryland
- Michigan
- Montana
- New Mexico
- North Carolina
- South Carolina
- Vermont
- Washington DC
- Massachusetts
- Mississippi
- New Hampshire
- New York
- Rhode Island
- South Dakota
- Washington
Personal Injury Statute of Limitations: Four to Six Years
States with four-year deadlines: Florida, Nebraska, Utah, Wyoming.
Five-year deadline: Missouri.
Six-year deadline: Maine, North Dakota.
Are There Exceptions to the Personal Injury Statute of Limitations?
Every state has exceptions for filing a personal injury lawsuit within its statute of limitations deadline. Cases may receive an extension if:
- The plaintiff is a minor
- The plaintiff was mentally incapacitated at the time of the accident
- The defendant was out of the state for an extended period following the accident
Many states allow for the discovery rule exception, which extends the deadline in cases where the plaintiff did not realize they suffered an injury or that another party was responsible until after the statute of limitations passed.
Don’t abandon your case if you believe your statute of limitations has expired. Instead, review your claim with a personal injury lawyer in your state.
How Long Will It Take to Receive My Personal Injury Settlement?
Before bringing a personal injury lawsuit, your accident attorney will try to secure your settlement directly from the liable insurance provider. After gathering evidence to prove your case, your lawyer will send the insurance company a demand letter for your compensation.
The insurance adjuster may accept the settlement, deny the claim, or offer a lower payment. Your accident lawyer will negotiate to ensure you receive the settlement your injuries merit. If the two parties cannot reach a resolution, your lawyer will file a personal injury lawsuit.
Your trial can take one to two years to reach a verdict. Once awarded, you should receive your compensation within six to eight weeks of the trial ending.
