What a statute of limitations is
A statute of limitations is the deadline to file a lawsuit. Miss it and the court will almost always dismiss the case, no matter how strong it is. Insurers know the date too: once it passes, they have no reason to settle.
Deadlines range from one to six years
Personal injury deadlines run from one year in Kentucky, Louisiana (for older claims) and Tennessee to six years in Maine, Minnesota and North Dakota. Most states use two or three years. Some set a different deadline for vehicle crashes or wrongful death. Compare all states in the statute of limitations by state table.
When the clock starts
Usually on the date of the injury. Exceptions can delay or pause it:
- Discovery rule: when an injury could not reasonably be discovered at once
- Minors: many states pause the deadline until the injured child turns 18
- Absence or incapacity: some states pause it while the defendant is out of state or the injured person is incapacitated
Claims against the government
A claim against a city, county, state or federal agency usually needs a written notice of claim within a much shorter time, sometimes 30 to 180 days. Missing that notice can bar the claim even if the lawsuit deadline is years away.
Questions people ask
Does filing an insurance claim stop the statute of limitations?
No. Only filing a lawsuit in court does, unless the parties sign a written agreement to extend it.
What if I miss the deadline?
The claim is almost always lost. Talk to a lawyer at once in case an exception applies.