In the U.S., there are strict time limits on when you can file a personal injury claim after an accident or injury occurs. This article gives a short outline of the key timeframes and deadlines for filing personal injury lawsuits in the United States.
How Soon After an Injury Should I File a Lawsuit?
In most states, the statute of limitations for filing a personal injury lawsuit is between one and six years from the date of the accident or injury. However, every state has its own statutes of limitations, so the exact deadline will depend on where your accident occurred. Some key guidelines:
- Most states require you to file within two years of the injury date.
- Some states allow up to six years for certain types of personal injury cases.
- Few states have a statute of limitations of less than one year. The only exception is Louisiana, which requires you to file within one year of the accident date.
While you do not need to rush to file immediately after an injury, it is best not to delay too long. Speak with qualified personal injury lawyers to learn the statute of limitations that will apply to your potential claim.
How Long Do I Have to File a Personal Injury Claim?
Though accident victims have between one and six years to file a personal injury lawsuit, it is wise not to wait until the last minute. The sooner you take action after an injury occurs, the stronger your case is likely to be. Important evidence and witnesses may become unavailable over time, negatively impacting your ability to prove liability and damages.
Here are some best practices on timeframe to keep in mind:
- File within weeks or months when possible. This allows your personal injury lawyer to gather evidence when it is freshest.
- If you must wait longer to file, do so well before the statute of limitations expires. In some cases, exceptions like being under 18 or mentally incapacitated may “toll” or pause the statute of limitations countdown temporarily. A personal injury lawyer can advise if you qualify.
- Consult an attorney immediately after an injury to get guidance on your specific case and timeline.
The Reality of Preventable Injuries in the U.S.
Preventable and unintentional injuries are a major public health concern in the United States. Some key statistics:
- In 2022, accidental injuries were the third leading cause of fatality in the United States.
- In 2022, there were 62 million injuries that led Americans to seek medical treatment.
- A whopping 200,955 people died from avoidable injuries in 2020, a more than 16% increase over 2019. These include motor vehicle crash deaths, opioid overdoses, slips and falls, and other major causes.
These startling figures show that everyone must take care to prevent accidents. But when injuries do occur due to another’s negligence, understanding the time limits to take legal action is critical. The deadlines for filing personal injury lawsuits vary by state but generally range from 1 to 6 years from the date of an accident or injury. It is wise to contact a qualified personal injury lawyer soon after an incident to preserve your right to recover damages.
