How long do I have to file a personal injury lawsuit?

Still Have Questions? Ask Lawbrarian →

Ready to Ask Lawbrarian?

Get AI-powered legal research and guidance on your specific legal question.

Start Researching →
Important Disclaimer
The information provided on Lawbrarian is for general educational and informational purposes only and is not a substitute for professional legal advice. Every legal situation is unique, and the content on this site should not be relied upon as legal counsel. If you need legal advice specific to your circumstances, please consult with a licensed attorney. You can use the "Ask Lawbrarian" feature available on every page to research your legal questions with AI assistance.

The time limit to file a personal injury lawsuit is called the statute of limitations, and it varies by state and type of claim:

Most personal injury claims: 2-3 years in most states from the date of injury. Some states, like Kentucky and Louisiana, have only a 1-year limit. Others, like Maine, allow up to 6 years.

Medical malpractice: Typically 2-3 years, but many states have a "discovery rule" that starts the clock when you knew or should have known about the injury rather than when the malpractice occurred.

Government claims: If your claim is against a government entity, you typically must file an administrative claim (tort claim notice) within 6 months to 2 years, depending on whether it's a state, local, or federal entity.

Minors: In most states, the statute of limitations is "tolled" (paused) for minors until they reach 18, at which point the regular limitation period begins.

Why timing matters: If you miss the statute of limitations, your case will almost certainly be dismissed regardless of its merit. It's crucial to consult an attorney promptly after an injury to ensure you don't lose your right to compensation.