⚠️ Critical Deadline: Missing your statute of limitations forever bars your claim, regardless of how strong your case is. Most states have 2-3 year deadlines.
Personal Injury Statutes of Limitations by State
Statute of limitations vary by state. Reference Texas Courts (2 years), Georgia Courts (2 years), and Illinois Courts (2 years) for official state deadlines.
The statute of limitations is the deadline by which you must file a lawsuit. After this deadline passes, courts will dismiss your case regardless of its merits. These deadlines vary significantly by state and claim type.
Key State Deadlines
- Texas: 2 years for personal injury; strict enforcement
- Georgia: 2 years for personal injury; 4 years for property damage
- Illinois: 2 years for personal injury; 4 years for property damage
- California: 2 years for personal injury; 3 years for property damage
- Florida: 4 years for negligence (recently changed from 2 years for some claims)
- New York: 3 years for personal injury
- Kentucky: 1 year - one of the shortest deadlines nationally
When the Clock Starts
Generally, the limitations period begins on the date of injury. However, exceptions exist:
- Discovery rule: For latent injuries, clock may start when injury is discovered
- Continuing treatment: Medical malpractice deadlines may run from end of treatment
- Minors: Clock typically tolled until child reaches 18 (then standard deadline applies)
- Mental incapacity: May toll limitations during periods of legal incapacity
- Defendant absence: Some states toll when defendant leaves the state
Government Claims: Shorter Deadlines
Claims against government entities have much shorter notice requirements:
- Federal Tort Claims Act: 2 years to file administrative claim
- State government claims: Often 6-12 months for notice
- Local government: May require notice within 30-180 days
- Notice content: Must include specific information about claim
Why You Should Not Wait
- Evidence degrades: Witnesses forget, surveillance footage is deleted, evidence disappears
- Memories fade: Witness testimony becomes less reliable over time
- Insurance companies know: Delay suggests claims are not serious
- Complications arise: Medical conditions may worsen, complicating causation
- Attorney preparation: Complex cases need time for investigation and expert retention
ℹ️ Check Your Deadline: Quick Claim attorneys can confirm your statute of limitations and protect your rights. Free consultation: (773) 839-6086.