Statute of Limitations

The statute of limitations is a legal deadline for bringing a lawsuit. It's set by state statute and varies by type of claim. For personal injury, most states allow between 1 and 6 years, with 2 or 3 being common. Miss the deadline and the claim is almost always dismissed regardless of merit.

Usually, the clock starts on the date of the injury. In some cases — for example, medical malpractice where the harm wasn't discovered right away — the 'discovery rule' starts the clock on the date the injury was or reasonably should have been discovered. Child claimants may have the clock paused until they reach the age of majority.

Claims against government entities (city, state, federal) often have much shorter deadlines, plus a separate notice-of-claim requirement that can be as short as 60–180 days. Claims under workers' comp, dram shop statutes, and wrongful death often have their own separate deadlines. These deadlines catch people off guard consistently.

Statute of limitations isn't about when a claim has to be settled — it's about when the lawsuit has to be filed in court. If negotiations are ongoing but the deadline is approaching, filing protects the claim and negotiations can continue afterward. Sitting on a claim hoping the insurer will come around is the single most common way valid claims are lost.