The statute of limitations is a claim killer, plain and simple. That's its one and only job. Miss the deadline and, absent circumstances that allow you to extend the filing deadline, it'll kill your claim. You'll lose any chance to get compensation (what the law calls "damages") for your personal injury case.
We start with a quick introduction to statutes of limitations, using the statutes in a handful of states to illustrate. From there, we'll cover some of the common exceptions to statutes of limitations—situations where the limitation clock might be temporarily paused, giving you more time to file in court. Then we'll explain what happens if you miss the filing deadline.
What is a Statute of Limitations?
A statute of limitations is a law—usually a state statute—that puts a deadline on the time a plaintiff (the person who files a lawsuit) has to file a lawsuit in court. Each state creates its own statutes of limitations. The federal government also has statutes of limitations for federal law claims.
Different kinds of cases often have different filing deadlines. For example, the deadline to file a case over a written contract might be four years, while the deadline to file a medical malpractice case might be two years.
You satisfy the statute of limitations by filing your lawsuit in court before the deadline expires. Most often, this means filing a complaint—the document that starts the case—with the court clerk. In a few states (Texas, for example), you also must have the lawsuit delivered to (in legalese, "served on") the party you're suing (the "defendant"), or prove you made diligent efforts to have the defendant served within the limitation period.
Different States Have Different Deadlines
Each state has its own personal injury statute of limitations. While the statutory language and deadlines vary, a limitation period of two or three years is common. Here are representative statutes from several states:
| State | Limitation Period | Statutory Language | Statute |
| California | Two years | "An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." | Cal. Code Civ. Proc. § 335.1 |
| Missouri | Five years | "An action...for any other injury to the person or rights of another... ." | Mo. Rev. Stat. § 516.120(4) |
| New York | Three years | "[A]n action to recover damages for a personal injury... ." | N.Y. Civ. Pract. Law § 214(5) |
| Oregon | Two years | "An action for assault, battery, false imprisonment, or for any injury to the person or rights of another... ." | Or. Rev. Stat. § 12.110(1) |
| Texas | Two years | "[A] person must bring suit for...personal injury... ." | Tex. Civ. Pract. & Rem. Code § 16.003 |
What Kinds of Cases Does the Personal Injury Statute of Limitations Cover?
The term "personal injury" is sort of a catch-all, encompassing everything from car accidents to dog bites and slip-and-fall claims, and more. But when it comes to the statute of limitations, don't be lulled into a false sense of security. States often have different statutes of limitations for specific personal injury claims. It's your job (or better yet, your lawyer's job) to find the correct statute for your case.
For example, states commonly have a shorter statute of limitations for medical malpractice lawsuits. In Maine, for example, unless a more specific statute applies, all "civil actions" (which includes personal injury cases) must be brought within six years. (Me. Rev. Stat. tit. 14, § 752 (2024).) But medical malpractice cases are subject to a more specific, three-year limitation period. (Me. Rev. Stat. tit. 24, § 2902 (2024).)
Here are some other kinds of cases where you might find different statutes of limitations:
- claims based on dangerous products
- cases where the injuries result in death (called "wrongful death" cases)
- claims against the government and government agencies
- claims involving intentional torts like assault and battery, and
- cases involving childhood sexual assault.
Pay close attention to the statutory language. It can be tricky to follow, even in the best circumstances. If you're unsure about which statute of limitations applies to your case, get help from an experienced personal injury lawyer in your state.
When Does the Statute of Limitations Start to Run?
Sometimes, the statute of limitations will tell you when the clock begins running. New Hampshire's three-year statute of limitations, for instance, begins running on the date "of the act or omission complained of... ." (N.H. Rev. Stat. § 508:4.I (2024).)
Quite often, though, you'll need to look in a different statute to find out when the limitation period starts. For example, in Minnesota, the statute of limitations on most personal injury claims (six years) is found in Minn. Stat. § 541.05.1(5) (2024). But you'll have to look at another statute—Minn. Stat. § 541.01 (2024)—to learn that the limitation period starts to run on the date your claim "accrues."
When does a claim accrue? As a general rule, the accrual date is the date you're injured, provided you were aware of your injury when it happened. When you're not aware that you've been injured, the limitation clock likely will be paused, at least for a while. We discuss this in more detail below.
Common Exceptions to the Statute of Limitations
Every state has laws that carve out exceptions to the statute of limitations filing deadline. These laws either prevent the statute from starting to run, or they pause the statute (lawyers and judges call it "tolling") after it's already started running. Here are a few of the most common exceptions.
The discovery rule. This rule, followed in most states, applies when you didn't know and, based on the facts reasonably available to you, couldn't have known that you were hurt until some time after your injury. In this situation, the limitation clock doesn't start to run until you discover—or if you were being careful, you should have discovered—that you were injured.
Injured minors. When the injured person is a minor—younger than 18 in most (but not all) states, the statute doesn't begin to run until some time after they were hurt. Many states put the statute of limitations on hold until the minor reaches adulthood, then it begins running. But note, importantly, that there are variations. For example, especially in medical malpractice cases, the statute of limitations might be extended for a brief period, but not to adulthood. Check your state law for details.
Mental incompetence. When the injured person has been declared mentally incompetent, insane, or of "unsound mind," the statute of limitations will be paused for some time. In some states, it doesn't begin to run until the person is found to be competent or sane. Other times, the delay only lasts for a few years.
Jail or active military duty. Active military service tolls the applicable statute of limitations until the service member is discharged from active service. Jail or prison likely tolls the statute as well, though states vary in their treatment of prisoners.
Defendant leaves the state or goes into hiding. When the defendant leaves the state or goes into hiding within the state, many states toll the statute of limitations until the defendant returns or comes out of hiding. Sometimes, tolling only happens if the plaintiff can show that it was impossible to serve the defendant with the lawsuit. Again, check your state law for details.
Fraudulently concealing your claim. When the defendant fraudulently or wrongfully tries to conceal their wrongdoing from the plaintiff, the limitation clock is typically paused until the plaintiff discovers, or should discover, what happened.
Beware the Statute of Repose
Even if an exception to the statute of limitations buys you a bit more time to file your lawsuit, you still need to be on the lookout for another deadline, called the "statute of repose." In a nutshell, when you're relying on an exception to the statute of limitations, the statute of repose puts a second, outside deadline on filing your case.
That's right—the claim killer has a sidekick. But statutes of repose are even more stealthy than statutes of limitations. Why? Recall our example above, dealing with a left-behind surgical sponge. Let's continue that example. Suppose your state has a two-year statute of limitations on malpractice claims, but the discovery rule gives you up to one year after you actually discover your injury to sue. Your state also has a four-year statute of repose on malpractice claims.
Now suppose that your symptoms don't appear until four years and six months after your first, botched surgery. Can you file a malpractice lawsuit? No. You're beyond the four-year statute of repose period. Your case is dead, even though you didn't discover your injury—and couldn't have discovered it—any sooner.
Statutes of repose are most common in medical malpractice statutes of limitations, but you'll find them elsewhere, too.
What Happens If I Miss the Statute of Limitations?
By now, you probably already know the answer to this question. Missed the statute of limitations? You'd better hope an exception applies that will buy you some more time. Unless you're a child or can convince the court that your state's discovery rule applies, the odds of an exception are slim. Chances are you're out of luck.
If you try to file your case after the deadline runs out and there's no exception you can hang your hat on, the defendant will ask the court to dismiss your case. Remember, the burden is on you to prove that you filed your case in time. You can't carry that burden. The court will have no choice but to dismiss your case. You've lost your chance to recover compensation for your personal injuries.
Getting Help With the Statute of Limitations
So, what's the moral of this story? Statutes of limitations (and repose) and their exceptions are among the most complex and difficult to understand of all laws. Even seasoned, veteran lawyers will tell you so. The price of making a mistake can be painfully high—you might lose valuable legal rights to compensation, forever.
Some personal injury matters you can handle on your own, without legal help. A simple rear-end car accident involving no liability problems, only minor injuries, and no complicating legal issues is an example. If your case has statute of limitations troubles? Don't take a chance. You're in over your head.
Your first call should be to an experienced personal injury lawyer in your state. Make that call sooner rather than later. When the statute of limitations is involved, time is of the essence. Here's how to find an attorney in your area who's right for you and your case.