How Long Do You Have to File a Personal Injury Claim?

If you’ve been injured in an accident, it’s important to know that time is of the essence when filing a personal injury claim. Every state has statutes of limitations—laws that determine how long you have to file a claim after an injury. Missing this deadline could mean losing your right to compensation, so understanding the time limits is critical.

1. The Statute of Limitations

The statute of limitations varies depending on the state and the type of injury claim. In most states, the window to file a personal injury lawsuit is two to three years from the date of the accident. However, for specific types of cases (like medical malpractice), the time frame may differ.

For example:

  • Car accidents: Typically 2-3 years
  • Slip-and-fall cases: 2-3 years
  • Medical malpractice: 1-2 years in many states

It’s important to verify the statute of limitations for your specific case in the state where the accident occurred.

2. Exceptions to the Time Limit

In some cases, the statute of limitations can be extended. For example:

  • Injuries involving minors: The clock may not start until the injured child turns 18.
  • Delayed discovery: If you didn’t know you were injured right away (as in some medical malpractice cases), the statute may start from the day you discovered the injury.
  • Government claims: If your injury involves a government entity, you may need to file a notice of claim within a few months, with stricter deadlines.

3. Why Filing Early Matters

Even if the statute of limitations seems far off, filing sooner rather than later is beneficial. Evidence can fade, witnesses may forget details, and delays can hurt your case. Consulting a personal injury lawyer early ensures you don’t miss any critical deadlines.

Conclusion

The time limit to file a personal injury claim depends on your state and case type, with some exceptions allowing extensions. To protect your right to compensation, it’s essential to act quickly. A personal injury lawyer can help you navigate the process and ensure you meet all necessary deadlines.

This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your personal injury attorney Gibsonton FL, and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims who have been injured in auto accidents, motorcycle accidents, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.