Personal Injury Filing Deadlines for Car Accidents, Slip and Falls, and More

When you’ve been injured due to someone else’s negligence—whether in a car crash, on a poorly maintained sidewalk, or at a hazardous workplace—knowing the legal time limits to file a personal injury claim is critical. These time limits, known as statutes of limitations, dictate how long you have to initiate a lawsuit after an accident. If you miss your deadline, your right to compensation is typically lost, regardless of how legitimate or severe your injury may be.

What Is a Statute of Limitations?

A statute of limitations is a legal deadline for initiating a lawsuit. For personal injury cases, the clock usually starts ticking from the date of the injury, though in some instances it begins when the injury is discovered or should have been reasonably discovered (a concept known as the discovery rule).

Each U.S. state has its own statutes of limitations for personal injury claims, which vary depending on the type of incident involved.

Common Personal Injury Filing Deadlines by Case Type

1. Car Accidents

• Typical Deadline: 2 to 3 years from the date of the accident
• What You Can Sue For: Medical expenses, vehicle damage, lost wages, pain and suffering
• Key Consideration: In no-fault states, you must meet a certain injury threshold before suing outside the insurance system

Example:

• California: 2 years
• New York: 3 years
• Florida: 2 years (reduced from 4 years in 2023)

2. Slip and Fall / Premises Liability

• Typical Deadline: 2 to 3 years from the date of injury
• What You Can Sue For: Unsafe conditions, such as wet floors, broken stairs, icy sidewalks, poor lighting
• Key Consideration: Claims against government properties may have much shorter notice deadlines (often 30–180 days)

Example:

• Illinois: 2 years
• Massachusetts: 3 years
• Texas: 2 years

3. Medical Malpractice

• Typical Deadline: 1 to 3 years, sometimes from the date of discovery
• What You Can Sue For: Surgical errors, misdiagnosis, failure to treat, birth injuries
• Key Consideration: Many states require filing a special affidavit or notice of claim before the lawsuit

Example:

• Georgia: 2 years from injury, 5 years max from date of negligence
• New York: 2.5 years from the date of malpractice
• California: 1 year from discovery or 3 years from the act, whichever comes first

4. Workplace Injuries (Workers’ Compensation)

• Typical Deadline: Usually within 1 year, but filing requirements often start within 30 to 90 days
• What You Can Sue For: Medical treatment, disability benefits, lost income—not pain and suffering in most cases
• Key Consideration: Lawsuits against third parties (e.g., equipment manufacturers) may follow a different timeline

Example:

• North Carolina: 2 years for filing a formal claim, but notice must be given within 30 days
• Florida: 2 years
• Pennsylvania: 3 years, but reporting deadlines are shorter

5. Product Liability

• Typical Deadline: 2 to 3 years from injury or date of discovery
• What You Can Sue For: Defective consumer products, medications, auto parts, industrial machinery
• Key Consideration: Discovery rule applies if the injury wasn’t immediately obvious (e.g., toxic exposure)

Example:

• Michigan: 3 years
• Arizona: 2 years
• Colorado: 2 years (plus discovery rule)

6. Wrongful Death

• Typical Deadline: 1 to 3 years from the date of death
• What You Can Sue For: Death caused by someone else’s negligence or misconduct; damages for loss of support, funeral expenses
• Key Consideration: Filed by the estate or surviving family members, not the injured person

Example:

• Texas: 2 years
• New Jersey: 2 years
• Oregon: 3 years

Special Situations and Exceptions

1. Claims Against Government Agencies

• Deadline: Often 6 months or less to file a notice of claim
• Examples: Injuries on public transit, city sidewalks, government buildings
• Result: Failure to comply with special procedures can block your right to sue, even if the statute of limitations hasn’t expired

2. Minor Victims

• Tolling Rule: In most states, the clock doesn’t start until the minor turns 18
• Result: A child injured at age 10 may have until age 20 or 21 to file, depending on the state

3. Discovery Rule

• Applies when injuries or their causes are not immediately apparent
• Common in malpractice, product liability, and toxic exposure cases

4. Mental Incapacity or Fraud

• The statute may be paused (or “tolled”) if the injured party is mentally incapacitated or if the defendant actively concealed wrongdoing

Practical Advice: Don’t Wait

Even if the deadline seems far off, it’s wise to act early. Here’s why:

• Preserve Evidence: Video footage, witnesses, and accident records can vanish quickly
• Build a Stronger Case: Early consultation with legal counsel allows for better documentation of your injuries and losses
• Meet Pre-Filing Requirements: Especially important for medical malpractice and claims against public entities
• Avoid Deadline Confusion: Misunderstanding the applicable statute can destroy your case

Summary Table of General Filing Deadlines by State