How Soon After an Injury Do I Have to File a Personal Injury Lawsuit?

There were nearly 440,000 car accidents on Chicago roads between 2017 and 2021. Additionally, there are around 4 million visits to the Emergency Department every year in the state of Illinois, many of which are related to injuries caused by another party. 

If you are injured in an accident, you may be considering filing a lawsuit to seek compensation for your injuries and damages. However, there are time limits on when you can file a claim, known as the statute of limitations. This period can range from 1 to 6 years, depending on the state where the accident occurred.

Statute of Limitations For Personal Injury Claims by State

The statute of limitations dictates how long you must file a personal injury lawsuit after an accident. This time period begins on the date of the accident or injury. Muhammad Ramadan, an experienced Chicago injury lawyer, breaks down the statutes of limitations for personal injury claims in each state:

1-Year Deadline For Personal Injury Claims:

• Kentucky (2 for car accidents)

• Louisiana

• Tennessee

2-Year Deadline For Personal Injury Claims:

• Alabama

• Alaska

• Arizona

• California

• Colorado (3 years for car accidents)

• Connecticut

• Delaware

• Hawaii

• Idaho

• Illinois

• Indiana

• Iowa

• Kansas

• Michigan (also 1 year for personal injury protection insurance claims)

• Minnesota

• Nevada

• New Jersey

• New York

• North Dakota

• Ohio

• Oklahoma

• Oregon

• Pennsylvania

• Texas

• Utah

• Virginia

• West Virginia

3-Year Deadline For Personal Injury Claims:

• Arkansas

• District of Columbia

• Maryland

• Massachusetts

• Mississippi

• Missouri

• Montana

• Nebraska

• New Hampshire

• New Mexico

• North Carolina

• Rhode Island

• South Carolina

• South Dakota

• Washington

• Wisconsin

4-6 Year Deadline For Personal Injury Claims:

• Florida (4 years)

• Maine (6 years)

• Vermont (3 years)

• Wyoming (4 years)

As you can see, the deadline to file a claim ranges significantly across the United States from just one year in a few states to up to 6 years in some states. It’s crucial to know the statute of limitations in the state where your injury occurred.

Meeting the Filing Deadline For Your Personal Injury Lawsuit

To ensure you do not miss the deadline to file your personal injury lawsuit, it is advisable to contact a personal injury lawyer as soon as possible after your accident and injuries. A personal injury attorney can evaluate your case and options, determine the applicable statute of limitations, and file your lawsuit in a timely manner.

Given the very short one-year filing periods in states like Louisiana and Tennessee, meeting the statute of limitations can be challenging if you wait too long to take legal action. You’ll want to get the claims process started promptly.

Requesting an Extension of the Deadline of Your Personal Injury Lawyer

In certain limited circumstances, you may be able to request an extension of the filing deadline. Reasons an extension could be granted include:

• Being under 18 years old at the time of the accident. The statute of limitations may be paused until you reach adulthood.

• Being mentally incapacitated and unable to manage your legal affairs after the incident. The statute of limitations clock may be stopped until you have recovered sufficiently to file a claim.

• The liable party intentionally concealing evidence or engaging in fraud. This may permit you extra time to uncover the necessary facts and evidence to build your case.

However, extensions are not guaranteed, and you should not rely on being granted extra time. Consult a personal injury lawyer to determine if an extension may be possible in your situation.

Be Aware of Your Deadline and Consult a Personal Injury Lawyer

If you are injured in an accident caused by another party’s negligence, you must act fast to preserve your right to sue for damages. On average, most states have a 2 to 3-year window to file a personal injury lawsuit after an accident. However, a handful of states have 1-year statutes of limitations. Be aware of the deadline in your state and consult a qualified personal injury attorney immediately. They can advise you on the personal injury claim filing process so you don’t miss your opportunity to obtain the compensation you deserve.