Statutes of Limitations for Different Types of Personal Injury Cases

If another person injures you in an accident, you can demand compensation in a personal injury lawsuit. However, you must take action before the personal injury statute of limitations expires. If you delay, the statute of limitations will lapse, and you’ll be barred from proceeding with your claim.

States have different statutes of limitations for various types of personal injury cases. If you have been injured in a car accident, truck accident, slip and fall, or other accident, it’s essential to consult with your Nix Patterson personal injury attorney to understand the filing deadlines for your case.

How Long Do You Have to File a Personal Injury Lawsuit?

All states have a statute of limitations that limits how long you have to file a personal injury lawsuit. Statutes of limitations exist for several reasons:

• After an accident, there will be evidence that can be used to prove fault. However, evidence tends to disappear over time, and witnesses’ memories fade. The statute of limitations ensures that personal injury lawsuits are brought in a reasonable timeframe when all parties can get the information they need to make their case or defend themselves.
• Society generally believes it’s unfair for people to worry constantly about being sued for years after the fact. The statute of limitations for personal injury claims allows people to move forward with life without the constant threat of a lawsuit hanging over them.

The statute of limitations for a personal injury lawsuit sets a strict deadline for when the case must be filed in court. The statute of limitations varies by state, but it is two to four years in many. Some prominent states and their statute of limitations for personal injury claims are:

Statutes of Limitations by Case Type

Wrongful death cases also have a statute of limitations. Generally, you have only a few years to file a wrongful death lawsuit if another party’s or entity’s negligence contributed to your loved one’s death. Some wrongful death claim statutes of limitations are:

Also, there may be different statutes of limitations for medical malpractice cases. A medical malpractice lawsuit allows the victim of medical negligence to obtain compensation from their medical provider or the hospital that provided the care.

Are There Any Special Rules for Statutes of Limitation?

There are exceptions to the statute of limitations, especially if you were not immediately aware of your injuries. This is a common scenario in medical malpractice claims where you might not know for months that you were misdiagnosed or incorrectly treated. This is known as the discovery rule.

If you were unaware of your injuries right away, the statute of limitations will start to run on the day you become aware of them or when you reasonably should have been aware of them. Depending on the state, there can be a cap on your total time, no matter when the injury is discovered. You should talk to an experienced medical malpractice attorney to understand the rules so you don’t miss the chance to file a medical malpractice claim.

If a minor was injured, the statute of limitations may also differ. Usually, the clock will start to run once the child is 18. Your Nix Patterson personal injury attorney can help you determine when the clock starts on your case and can help you file the lawsuit before the statute of limitations expires.

Another possible exception to the statute of limitations is if the defendant in your case cannot be found or left the state. If they live in another state, the statute of limitations clock may pause until they come back to the state. Speak to your personal injury attorney if the person who injured you no longer resides in your state. Your attorney will advise you on potential legal options.

When Does the Clock Begin Running on the Statute of Limitations?

Usually, the clock on the statute of limitations for a personal injury case begins on the day the accident occurred that harmed you. For instance, if another driver hit you on Jan. 1, 2022, and your state has a two-year statute of limitations for personal injury claims, you probably have until Jan. 1, 2024, to file a lawsuit.

What If You Want to Sue the Government?

Suppose you or a loved one suffered a serious personal injury because of a government employee’s negligence. In that case, you probably wonder if you can file suit against the state or U.S. government. Yes, you can file a claim against a state or U.S. government agency if possible, but it is more complicated than a standard claim. Those with the best results suing a government agency retain an attorney experienced in these types of claims.

Many accidents involving a government employee or agency involve traffic accidents with government vehicles, including:

• Military trucks and other vehicles
• S. Postal Service trucks
• S. Postal Service letter carrier vehicles
• Other U.S. or state government vehicles

The federal government is responsible for injuries on federal properties, a type of premises liability accident.

While you don’t need permission to sue the U.S. government, you and your attorney must comply with the Federal Tort Claims Act. The Act allows you to sue for damages for the negligent acts of federal employees. If you wish to do so, you must provide an administrative claim within two years of the date of the accident to the proper federal agency.

After the claim has been filed, the federal government has six months to take action before a lawsuit can be filed. If no action is taken or there is no settlement, your attorney can file the claim in federal court.

Also, if a state employee injured you, you have a limited time to file your claim. For example, in Texas, the Texas Tort Claims Act states that you must file a claim within 180 days of the injury. You should speak to your attorney about the time limits to file suit against the government in other states.

Speak to Nix Patterson Today

If you were injured because of another person’s negligence or purposeful act recently, you only have a limited time to file a personal injury lawsuit. If you miss the statute of limitations in your state, you may forfeit your right to compensation for medical bills, lost earnings, and pain and suffering. Whether you are a victim of a car accident, tractor-trailer accident, premises liability incident, or medical malpractice, you deserve compensation for your losses.

Get financial justice in your case today by contacting Nix Patterson’s personal injury attorneys. We offer a free, confidential consultation, and you don’t pay legal fees unless we obtain a settlement or favorable verdict.