Most personal injury (PI) claims have a limit to how long you can file for that injury: 1 to 3 years from the date of your injury, depending upon the specific jurisdiction (location) and type of PI case. If you do not file by the deadline, you will lose your legal right to pursue compensation in court for your injury.
The statute of limitations establishes this deadline as a way to make sure claims are filed while there is still evidence available and witnesses’ memories are fresh and that all parties get fair and timely resolutions to their legal disagreements.
What is the Time Limit on Filing Personal Injury Lawsuits?
The time limit on filing a personal injury lawsuit is called the “Statute of Limitations,” which sets the longest period of time you have to file a lawsuit after you’ve been injured. When this time limit has passed, courts usually will not allow you to file a lawsuit against the defendant.
In general, the time limits for filing personal injury lawsuits (or PI claims) are as follows:
- 1 year in some states and jurisdictions
- 2 years in many different kinds of common personal injury claims
- 3 years or longer in some states or situations
- 2 years for car accidents is typical compared with other types (accidents, work-related accidents, medical malpractice, and slip/fall accidents).
When Does the Timeline Usually Begin?
The legal time frame for most types of personal injury claims begins with the date of the actual injury. However, there are some instances when the injury does not become evident until a later date.
For those types of cases, a judge may apply the “discovery rule,” which means that the legal time frame starts on the date that the injured person becomes aware of the injury or should have reasonably discovered or been aware of the injury.
Examples include:
- Medical conditions that are discovered months later after the person received treatment
- Exposure to bio-hazardous materials resulting in illness months after exposure
- Internal injuries that are undiagnosed at the time of the accident.
Can The Deadline be Extended Through Legal Reasons?
Certain circumstances can pause or prolong the time limit for filing a claim. These exceptions typically exist because the person who may be harmed by the negligent party may not be able to reasonably know he or she was injured or because the circumstances are so unusual that there should be additional time allowed for bringing a lawsuit.
Here are some of the most common exceptions:
- A minor victim may begin to run when he or she becomes 18 years old
- Mental incapacity; begins to run after the person regains his or her capacity to sue
- Absence of the defendant; if the defendant has left the jurisdiction, the time can be stopped.
- Fraud/Concealment of wrongdoing: If it is shown that the defendant has deliberately concealed the wrongdoing that they have committed, additional time may be available.
What Are The Benefits Of Filing Early?
While you can file either short or long depending on the circumstances surrounding your accident, many times people will wait until the last minute and then find themselves in a precarious situation because they did not allow enough time.
Filing early helps by:
- Preserving essential evidence and records.
- Providing accurate witness statements.
- Allowing lawyers to prepare a strong case.
- Avoiding procedural issues close to the deadline.
Conclusion
- There is a time limit imposed by the law, known as the statute of limitations, that limits how long you have to file a personal injury lawsuit.
- In most states, the statute of limitations for personal injury lawsuits expires after one to three years after the date of the accident or when you discovered the injury.
- Exceptions apply to those who are minors or if the party responsible for your injuries hid or concealed their wrongdoing.
- Acting quickly can help you gather evidence and protect your right to seek compensation for your injuries.
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