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Many accident victims believe they have unlimited time to seek compensation for their losses, or they fail to realize that their window for taking legal action is limited. Often, people who have solid grounds for a personal injury claim lose their chance to secure a fair settlement or verdict simply by missing the deadline to file a personal injury claim.

Understanding the statute of limitations for personal injury cases in your state is crucial. Personal injury laws set strict limits on how much time you have to file a lawsuit after an injury. Missing this statutory deadline could mean losing your right to sue and recover damages.

There are different types of personal injury claims – car accidents, slip-and-fall incidents, workplace injuries, medical malpractice, and more. No matter what type of accident you were involved in, personal injury attorneys are equipped with the knowledge and skill to assess your case and guide you in seeking compensation. 

Is There a Deadline for Filing a Personal Injury Claim?

Yes. Most states have laws known as personal injury statute of limitations that establish the deadlines for filing civil lawsuits. 

The specific deadline depends on the state where the accident occurred and sometimes on the details of the case itself. Once you reach the end of the filing deadline for a personal injury case, you can no longer bring a lawsuit against the at-fault party.

The underlying policy is that evidence and witness recollections fade over time. By enforcing a strict time limit, courts can ensure that cases are handled efficiently and that evidence remains fresh and accessible. 

However, states vary considerably in their statutes of limitations. Some have shorter windows, and others have longer ones. That is why you need to understand the applicable deadline in your jurisdiction.

Statute of Limitations for Personal Injury Claims Per State

Here’s an overview of the personal injury statute of limitations for the eight states where The Morgan Law Group is located.

  • Colorado generally allows 2 years to file a personal injury lawsuit. 
  • Florida has a 2-year filing window for most personal injury claims effective March 24, 2023. 
  • Louisiana has a majority of 2 years from the date of the injury. 
  • Mississippi generally provides 3 years from the date of the injury to file a personal injury lawsuit. 
  • North Carolina’s statute of limitations for personal injury is mostly 3 years from the date of the injury. 
  • Tennessee usually requires you to file a personal injury lawsuit within 1 year from the date of the injury.
  • Texas gives victims generally 2 years from the date of the injury to file their personal injury lawsuit. 

Always keep in mind that each state’s rules can include special exceptions, so do not assume that your deadline is fixed without speaking to a qualified attorney first.

Is There an Extension for Filing a Personal Injury Claim?

Under certain circumstances, courts and state laws recognize exceptions that can extend or pause the filing deadline for a personal injury case. These exceptions are often called “tolling” provisions, as they can effectively stop or toll the clock from running.

Common exceptions to the general deadline for filing personal injury claims include: 

Minor or Incapacitated Plaintiffs

When the injured individual is a minor or suffers from mental incapacity, the statute of limitations may be paused until the person turns 18 (for minors) or regains capacity (for incapacitated individuals).

Discovery Rule

If the injury was not immediately apparent and was discovered later, the clock might start when you become aware of (or reasonably should have discovered) the injury’s existence. However, each state restricts how far this discovery rule can extend your filing deadline.

Defendant’s Absence

In some cases, if the defendant has left the state or is otherwise unavailable to be served, the timeline may be paused until the defendant can be located or served with legal papers.

Claims Against Government Entities

Personal injury claims against the government or public agencies usually have much shorter deadlines (often just a few months) and require specific notice procedures. For instance, in California, you typically have 6 months to file a claim against a government entity before you can proceed with a lawsuit. Other states have similar notice requirements with strict deadlines for lawsuits against governmental bodies.

Always check the specific tolling rules in the state where your accident happened. Since you may qualify for an extension under specific circumstances, speaking with personal injury attorneys who handle cases in your state is the best way to clarify the rules.

What if You Miss the Deadline to File Your Personal Injury Claim?

If you miss the personal injury statute of limitations, the court will almost certainly dismiss your case without considering its merits. Essentially, you lose your right to use the court system to pursue compensation. Insurance companies also know when a claim is past its expiration date, meaning they have no incentive to pay a settlement if you have no legal recourse to sue.

While you can still seek legal advice after the deadline has passed, most of the time you will have no avenue for recovering damages. Very few exceptions exist for missing the statute of limitations; any that do are typically tied to the specific tolling provisions mentioned above.

How Do You Avoid Missing the Deadline in Your Personal Injury Claim?

To avoid missing your opportunity to file a personal injury claim after an accident, consider the following:

  • Seek Prompt Medical Treatment: Having medical records that establish your injury date is crucial. Not only does this documentation benefit your health, but it can also bolster your legal claim.
  • Contact a Personal Injury Attorney Quickly: Engaging a personal injury attorney early ensures that all filing deadlines are monitored from the outset. Legal counsel can guide you through proper procedures and help gather evidence before it fades.
  • Gather Evidence Early: Witness testimonies, photographs of the accident scene, and other documentation are easier to collect shortly after the incident. Preserve this evidence immediately and rely on your lawyer for guidance on best practices.
  • Track Important Dates: Make a timeline of all relevant dates, including the date of the accident, your discovery of any delayed injuries, and any communication with insurers or health providers. Keeping these details organized will help you and your attorney meet key deadlines.
  • Evaluate Special Circumstances: If you suspect you might have a claim against a government entity or if you believe tolling provisions could apply, speak to a personal injury law firm at once. These situations often carry different deadlines and procedural requirements.

By taking these steps proactively, you stand a much better chance of filing your lawsuit on time and maximizing your potential compensation.

How Long Will Your Personal Injury Claim Take to Settle?

After understanding the filing deadline for a personal injury case, your next question might be: “How long does it take to settle?” The timeline for settling a personal injury claim varies widely. Some cases resolve in a few months; others can take years. 

Factors that can affect your settlement timeline include:

  • Severity of Injuries: More severe injuries often require more extensive medical evaluation and treatment. Settlement negotiations typically do not start until you have a clear picture of your medical prognosis, as that figure heavily influences the damages sought.
  • Complexity of Liability: If fault is contested, or if multiple parties are involved, determining liability can delay negotiations.
  • Insurance Company Response: Some insurance companies may offer quick settlements that do not fully cover your expenses, whereas others may drag out the process, hoping you will accept a lower amount.
  • Legal Proceedings: If settlement negotiations fail, filing a lawsuit and navigating the court process adds more time, as discovery, motions, and potential trials can extend your claim significantly.

Most personal injury cases settle outside of court, which generally saves time and legal expenses. If you and the at-fault party (or their insurance) cannot agree on settlement terms, your attorney may recommend going to trial. Regardless of how the claim is ultimately settled, having personal injury attorneys by your side ensures your rights are protected. 

Consult a Personal Injury Attorney About How Much Time You Have

Time is of the essence when it comes to personal injury cases. Understanding and adhering to the statute of limitations for personal injury cases is non-negotiable if you want to preserve your right to fair compensation. 

If you believe you may have a valid personal injury claim or are still unsure, take a moment to explore your legal options by taking our quick quiz. If you have questions about timing or the legal process, the best step you can take is to speak with a personal injury attorney at The Morgan Law Group who is licensed in your state. 

Because every situation differs, professional legal advice is key to securing the compensation you deserve. You can learn more about how clients have benefited from professional legal counsel by reviewing our testimonials and seeing the results of past cases.

At our firm, you will find caring, experienced professionals dedicated to advocating for your best interests. As a reputable personal injury law firm, we ensure that your claim is thoroughly evaluated, your damages are accurately assessed, and you do not miss crucial deadlines.  Call us today at (800) 551-0554 or fill out our online form to schedule your free case evaluation.

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