What Is the Statute of Limitations After a Personal Injury

Statute of Limitations for Personal Injury: The Core Deadline

The statute of limitations for personal injury sets the deadline for filing a lawsuit, usually ranging from one to six years from the date of injury. Missing this window generally means losing the right to sue. The exact timeframe depends on state law and the nature of the injury.

How State Law Shapes the Deadline

Each state sets its own limitation period. Common ranges include:

• One to two years for defamation or claims against government entities
• Two to three years for most bodily injury and car accident claims
• Three to six years for general negligence and property-damage-related injuries

Because these ranges vary widely, checking the specific state code is essential before assuming a timeline.

When the Clock Starts Ticking

In most cases, the statute of limitations begins on the date of the injury. However, under the discovery rule, the clock may start when the injury is — or reasonably should be — discovered, rather than when it occurs. This distinction matters for injuries that are not immediately obvious, such as internal damage or exposure to harmful substances.

Exceptions That Can Extend or Pause the Deadline

Several circumstances can alter the standard deadline:

• Minors: The statute often tolls until the injured person reaches the age of majority.
• Mental incapacity: If the plaintiff was mentally incompetent at the time of injury, the clock may pause until capacity is restored.
• Defendant leaving the state: In some jurisdictions, time spent abroad by the defendant does not count toward the limitation period.
• Fraud or concealment: If the defendant deliberately hid the cause of injury, a court may extend the deadline.

Why Missing the Deadline Is Final

Courts enforce statutes of limitations strictly. Even a strong claim will be dismissed if filed after the deadline, and courts rarely make exceptions. This makes early legal consultation critical, as attorneys can evaluate whether an exception applies or whether the claim falls within the allowed window.