How Long Do I Have to File?
State law sets a statute of limitations for injury claims, usually 1 to 6 years. Government defendants and workers' comp have their own shorter deadlines.
Short answer
It depends on the state and the type of claim. Most states allow 1 to 6 years to file an injury lawsuit, with 2 or 3 years being most common. Miss the deadline and the claim is almost always barred, regardless of merit.
Shorter deadlines that catch people off guard
Several situations have much shorter windows:
- Government defendants (city, state, federal) — often 60–180 days to file a notice of claim before any lawsuit
- Workers' comp — injury reporting windows measured in days, not years
- Medical malpractice — special shorter limits in many states
- Wrongful death — a separate, often shorter deadline
- Dram shop statutes — short windows in many states
When the clock starts
Usually on the date of the injury. The 'discovery rule' starts the clock on the date the injury was (or reasonably should have been) discovered in some situations. Minors often have the clock paused until they reach the age of majority.
What to do if the deadline is near
Filing the lawsuit before the deadline protects the claim — negotiations can continue afterward. Assuming the insurer will settle before the deadline runs is the single most common way valid claims are lost.
Key Takeaways
- 01Most injury claims have 1–6 years to file, often 2 or 3.
- 02Government, workers' comp, and malpractice claims often have much shorter windows.
- 03The clock usually starts on the injury date, sometimes on the discovery date.
- 04If the deadline is near, filing protects the claim — don't wait for the insurer.
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.