Personal Injury Statutes of Limitations

What is a statute of limitations?

A statute of limitations sets a time limit for bringing a lawsuit. Missing the applicable limit can prevent a claim from proceeding. The relevant law, the date the clock starts, and any exceptions depend on the facts and jurisdiction; an insurance claim is not necessarily the same as filing a lawsuit.

Two examples of general rules

In New York, Civil Practice Law and Rules § 214 generally provides three years for a personal injury action, with exceptions. In New Jersey, the New Jersey courts describe a general two-year period for personal injury actions and note that various factors can change it. Neither general rule establishes the deadline in your case.

Why the deadline may differ

The type of claim, when an injury was discovered, the injured person's age, and other facts may affect the applicable rules. Some claims against government entities can also have separate notice requirements. Do not assume an exception applies or that discussing a settlement extends a deadline.

Find the applicable rule promptly

Consult a lawyer in the relevant jurisdiction as soon as possible. For other states, consult the applicable official court or statute rather than relying on a general list. USAGov's court directory and its legal-aid resources can help you find courts and affordable legal assistance.