What Happens if You Miss the Statute of Limitations?

What Happens When You Miss the Statute of Limitations on a Personal Injury Claim

Every state sets a legal deadline for filing a personal injury lawsuit.

If you miss it, you will typically be permanently barred from seeking compensation by the courts.

Most states allow between two and four years from the date of injury to file, but medical malpractice claims, wrongful death cases, and claims against government entities often carry shorter deadlines.

Once the filing window closes, you lose the ability to file a lawsuit, and with it your ability to recover compensation for the economic and non-economic damages you suffered.

This means no recovery compensation for medical expenses, lost wages, and pain and suffering.

Limited exceptions exist which can toll the window and extend the deadline, but cases that qualify are rare.

We highly recommended you take legal action as soon as possible after a serious injury so as not to risk your right to seek compensation.

Speak with an experienced personal injury attorney to determine which statute of limitations applies to your case and whether any exceptions may preserve your claim.

What Is Tolling and How Can It Extend Your Statute of Limitations?

Tolling pauses or extends the statute of limitations clock when specific qualifying conditions are met.

Common tolling exceptions include the discovery rule, tolling for minors until they reach the age of majority, mental incapacity of the injured party, and situations where the defendant leaves the state or actively conceals their role in causing the injury.

Tolling exceptions vary significantly by state and injury type, speak to your injury attorney to determine whether your case may qualify.