How Long Do You Have to File a Personal Injury Claim?

Understanding the Statute of Limitations

The statute of limitations is a legal deadline for filing a lawsuit. If you don’t file within that time frame, the court will typically refuse to hear your case, no matter how strong your evidence may be.

For most personal injury cases in the United States, the statute of limitations is two to three years from the date of the injury. However, these time limits vary significantly from state to state:

• Two Years – Many states, such as Texas and California, require personal injury lawsuits to be filed within two years.
• Three Years – States like New York and North Carolina allow three years for most injury claims.
• One Year – A few states, including Kentucky, Louisiana, and Tennessee, set the limit at just one year.

When the Clock Starts Ticking

In most cases, the time limit starts on the date of the injury. However, certain situations can delay the start of the statute of limitations:

1. Discovery Rule – If your injury wasn’t immediately apparent (such as with medical malpractice or toxic exposure), the clock may start when you first discover—or reasonably should have discovered—the injury.
2. Minor Victims – If the injured person is under 18, many states delay the clock until they reach adulthood.
3. Mental Incapacity – Some states pause the time limit if the injured person is mentally incapacitated.

Special Rules for Claims Against the Government

If your injury was caused by a government agency or employee, you may have far less time to act—sometimes as little as 6 months to file an administrative claim before you can even go to court.

Why Acting Quickly Matters

Even if you technically have years to file, waiting can weaken your case. Over time, evidence can be lost, memories fade, and witnesses move away. Acting quickly gives your attorney the best chance to preserve vital proof and build a strong case.

At LYG Law, our personal injury attorneys move swiftly to investigate the accident, secure evidence, and handle all communication with insurers so you can focus on recovery.

Common Mistakes That Lead to Missed Deadlines

• Assuming the insurer will “work it out” – Insurance companies may delay until your filing window closes.
• Not knowing your state’s rules – Many people assume they have more time than they do.
• Waiting until you feel better – Medical recovery and legal deadlines don’t always align.
• Handling it alone – Without legal guidance, it’s easy to miscalculate the statute of limitations.

How LYG Law Can Help

We understand that after an accident, your focus is on healing—not legal timelines. Our team ensures your claim is filed on time, backed by thorough evidence, and strategically positioned for the best possible outcome. Whether your case involves a car accident, slip and fall, workplace injury, or other serious harm, we’re here to protect your rights from day one.