If you’ve been injured, you may worry that the deadline to file your case is coming up fast. This is a valid concern. Good for you for doing your research regarding these rules. The statute of limitations is a law that puts a specific time limit on your right to have a court consider your personal injury case. This is a clear example of a situation where knowledge is power — because filing sooner rather than later is always your best bet.
That said, the statute of limitations for personal injury cases varies a lot depending on which state you live in.
Your state of residence is the biggest factor in figuring how long you have to possibly receive a cash settlement for your case. Your case may stem from a car accident, slip and fall incident, a dog bite, or other injury. Talk to a lawyer in your area for more details about deadlines and relevant laws, including circumstances or new rules that might change the filing deadline.
States with a 1-Year Statute of Limitations
- Kentucky
- Louisiana
- Tennessee
States with a 2-Year Filing Deadline
Two years is, in fact, the most common statute of limitations on a personal injury case. States with a two-year deadline to file your claim include:
- Alabama
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Minnesota
- Nevada
- New Jersey
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Texas
- Virginia
- West Virginia
States with a 3-Year Deadline for Personal Injury Cases
A three-year statute of limitations applies to the following states:
- Arkansas
- District of Columbia (i.e., Washington, D.C.)
- Maryland
- Massachusetts
- Michigan
- Mississippi
- Montana
- New Hampshire
- North Carolina
- New Mexico
- New York
- Rhode Island
- South Carolina
- South Dakota
- Vermont
- Washington
- Wisconsin
U.S. States with a 4-Year Statute of Limitations
- Nebraska
- Utah
- Wyoming
States with a Either 5- or 6-Year Limit to File Your Case
- Maine
- Missouri
- North Dakota
If you live in a state with at least a two or three-year deadline, you may feel as if you can delay your claim. That’s understandable, but it’s still a good idea to call a legal expert as soon as possible.
Talking to a lawyer while the details of your case are fresh in your mind is almost always the best choice. A lawyer with experience filing claims such as yours can review your case for free. They’ll work to understand what happened, then give you an exact deadline to claim your cash settlement. The timing of your case generally begins on the day of the accident or injury, or on the day your injury becomes apparent to you.
Your Case Is Unique
Keep in mind that some states use different time limits based on the specific claims you make against a defendant. The statute of limitations may be different in cases that involve negligence, a minor, a person with a mental incapacity, failure to warn, or a breach of warranty. There are also special timelines for claims against the government. Finally, laws like these can always change. For this reason, it’s best to gather up-to-date information by talking with an expert as soon as possible.
Until you speak with an attorney in your state, you should only use the time limits listed here as basic guidelines.
No matter what kind of injury case you have, it’s always in your best interest to file within a year. That is the shortest deadline to file in any state. If you’ve been injured, reach out to a personal injury attorney in our network today.
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Laura Schaefer
Laura Schaefer is the author of The Teashop Girls, The Secret Ingredient, and Littler Women: A Modern Retelling. She is also an active co-author or ghostwriter of several nonfiction books on personal and business development. Laura currently lives in Windermere, Florida with her husband and daughter and works with clients all over the world. Visit her online at lauraschaeferwriter.com and linkedin.com.
