If you have been injured in an accident due to someone else’s negligence, it is important to know how long you have to file a personal injury claim. This time limit for filing is known as the “statute of limitations.” In this article, we will discuss why statutes of limitations are necessary, a breakdown of the statutes in each state, exceptions to these time limits, and the consequences of late filing.
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Why are Statutes of Limitations Necessary?
The predominant reason why statutes of limitations are necessary in personal injury law is to promote fairness of the legal process and ensure the integrity of evidence in the case. As time passes, memories fade, witnesses become more difficult to locate, and physical evidence can deteriorate. However, setting a strict time limit in which a claim must be filed helps to ensure that cases are based on reliable and accurate information. Additionally, these statutes help to protect defendants from being under constant fear of litigation from incidents that occurred long ago.
Statute of Limitations in Every State
It is important to know that the statute of limitations varies from state to state. Here is Martinian Lawyers’ breakdown of the personal injury statute of limitations in each state:
One-Year Time Limit
- Kentucky
- Louisiana
- Tennessee
Two-Year Time Limit
- Alabama
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware (unless the injury is not discoverable in two years, then claimants have three years)
- Florida (For causes of action accruing after March 24, 2023)
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Minnesota
- Nevada
- New Jersey
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Texas
- Virginia
- Washington
- West Virginia
Three-Year Time Limit
- Arkansas
- District of Columbia
- Maryland
- Massachusetts
- Michigan
- Mississippi
- Montana
- New Hampshire
- New Mexico
- New York
- North Carolina
- Rhode Island
- South Carolina
- South Dakota
- Vermont
- Wisconsin
Four-Year Time Limit
- Nebraska
- Utah
- Wyoming
Five-Year Time Limit
- Missouri
Six-Year Time Limit
- Maine
- North Dakota
Exceptions to the Statute of Limitations
Although the statutes of limitations are generally stringent in every state, it is important to know that there are certain circumstances in which these deadlines may be extended or tolled. For example, if a case involves a minor, mental incapacitation, or the injury was not immediately discoverable, an exception may be made. Additionally, 18 states have different statutes of limitations when it comes to medical malpractice cases. These nuances highlight the importance of consulting with a personal injury attorney who can ensure you are filing in a timely manner.
Consequences of Late Filing
Filling a personal injury lawsuit after the statute of limitations has passed can result in the court dismissing your case altogether. This means that you may lose your right to pursue compensation and seek justice. Insurance companies are also aware of these deadlines and will likely be less inclined to offer a fair settlement. Even if you have strong evidence in your favor, failing to meet this deadline can jeopardize your chances of a successful outcome. Therefore, it is highly advised that you take prompt action after being injured in an accident.
