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

Sarah J. Sterling, Esq.
Reviewed by Sarah J. Sterling, Esq.
Senior Legal Editor & Consumer Rights Attorney (J.D., Member of the State Bar) • Fact-checked: Mar 18, 2025
Educational Purpose: This guide provides general legal information and is not formal legal advice. Laws vary by state and individual facts. If you face an active legal dispute, consider speaking directly with a licensed attorney.

A statute of limitations is a strict statutory deadline for initiating a civil lawsuit. If you fail to file a formal complaint in the proper court before the clock expires, your claim is permanently barred, regardless of how catastrophic the injury or clear the liability.

State-by-State Variations in Deadlines

Most state statutes of limitations for general negligence and car accidents range from 1 to 4 years from the date of injury. For example, Tennessee and Louisiana enforce a 1-year deadline, California and Texas enforce 2 years, while Florida and New York enforce 2 to 3 years.

The Discovery Rule Exception

Under the discovery rule, the statutory clock is tolled (paused) until the plaintiff discovered—or through reasonable diligence should have discovered—the injury and its negligent cause. This rule commonly applies in toxic exposure and medical device defect claims.

Strict Government Entity Notice Deadlines

If your injury involved a municipal bus, city road defect, public school, or government employee, special tort claims acts require filing a formal administrative claim within 30 to 180 days of the incident.

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