Statute of Limitations and Its Impact on Personal Injury Settlement Awards

## What Is the Statute of Limitations for Personal Injury Claims?

The statute of limitations is the legally mandated deadline by which you must file a personal injury lawsuit or permanently lose your right to sue. Once this deadline passes, courts will dismiss your case regardless of how strong your claim is, how severe your injuries are, or how clear the defendant's fault may be. The clock typically begins running on the date of the accident or injury, and the deadline varies by state — ranging from one year in some states to six years in others, with two to three years being the most common.

In 2023, courts dismissed thousands of otherwise valid personal injury claims solely because plaintiffs missed the filing deadline — most because they waited too long trusting settlement negotiations.

State-Specific Deadlines You Must Know

Every state has its own statute of limitations for personal injury claims. California and Texas allow two years. Florida recently reduced its limit from four years to two. New York allows three years for most personal injury claims but only two years and ninety days for claims against municipalities. Maryland allows three years. These deadlines can be shortened when the defendant is a government entity, sometimes to as little as six months for the filing of a formal notice of claim.

• Never rely on an insurance adjuster's assurances that your claim will settle before the deadline
• Consult an attorney immediately after your injury — early consultation protects the deadline
• Note any government entity involvement — notice of claim deadlines can be 30–180 days

Exceptions That May Extend Your Deadline

Certain circumstances toll — pause — the statute of limitations. If the victim is a minor, the clock typically does not start until they turn 18. If the injury was not discoverable at the time (rare in accident cases but common in toxic exposure), the discovery rule may apply. If the defendant fraudulently concealed facts, equitable tolling may extend the deadline. However, these exceptions are narrow and must be argued in court — never assume an exception applies without legal advice.

Protecting your statute of limitations is the single most time-sensitive act in any personal injury claim.