What Is A Personal Injury Statute Of Limitations? (2025)

Personal Injury Statutes of Limitations at a Glance

Personal injury statute of limitations laws vary from state to state. Typically, states give you between two to three years to begin a legal action against the liable party after accidents or intentional actions that cause property damage or injuries.

What a Statute of Limitations Means and Why It Exists

A statute of limitations is the timeframe allowed to file a legal action. It works to ensure cases are brought forward in a timely manner and when there’s still viable evidence available.

Time Limits by Case Type

There are different time limits depending on the type of case involved. In general injury cases, most states offer one to three years.

Product liability claims typically provide a bit more time, but it varies from one state to the next. Medical malpractice claims tend to have tighter deadlines with state-specific requirements that can further shorten the time you have.

State-Specific Differences You Should Know

In Florida, for example, you have two years to file most personal injury cases. Kentucky only gives you one year to file, except in cases dealing with motor vehicle accidents, where you have up to two years. Because of these variations, it’s vital that you consult with an attorney to know your particular timeline.

Common Exceptions That Pause or Extend Deadlines

If a minor is involved, the statute of limitations is usually tolled until they come of age. The same applies to people dealing with mental or physical disabilities.

The discovery rule generally extends the timeline by allowing it to start running from the moment you discovered the injury. If the defendant tried to conceal their conduct, that extends the timeline, too.

Statute of Repose and How It Changes the Timeline

The statute of repose is the absolute limit available to file the claim. It’s based on a fixed period of time, such as when you bought a product. This can pose even more restrictions.

Suing the Government Requires Different Deadlines

To file against the government, you must first present a notice of your intent to do so. You typically only have a few months.

Consequences of Missing the Filing Deadline

If you miss the filing deadline, you won’t be able to recover any losses. Your case may be dismissed.

Steps to File on Time and Protect Your Rights

Perhaps the most important step in filing a claim is hiring an attorney. Your lawyer can protect your rights and guide you through every part of the process. At ConsumerShield, we connect clients like you with dependable local attorneys. Contact us to begin.