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Statute of Limitations by State: Don't Let Time Run Out on Your Claim

Bond LegalJanuary 10, 20256 min read
Statute of Limitations by State: Don't Let Time Run Out on Your Claim

Every state imposes strict deadlines for filing personal injury lawsuits. These deadlines — known as statutes of limitations — exist to ensure that cases are brought while evidence is still fresh and witnesses' memories are reliable. Missing these deadlines can permanently destroy your right to compensation, no matter how strong your case.

Personal Injury Filing Deadlines by State

The statute of limitations for most personal injury claims varies significantly: 1 year: Kentucky, Louisiana, Tennessee. 2 years: California, Texas, Ohio, Georgia, Pennsylvania, Alabama, Connecticut, and many others. 3 years: New York, Washington, Illinois, Colorado, South Carolina. 4 years: Florida (reduced to 2 years for negligence claims filed after March 2023). Always confirm the deadline in your specific state, as exceptions can apply.

Wrongful Death Deadlines

Wrongful death statutes of limitations also vary: most states allow 2 years from the date of death (California, Texas, New York, Georgia). Florida recently changed from 4 years to 2 years. Some states like Kentucky allow only 1 year. The clock typically runs from the date of death — not from the date of the accident that caused the death.

Government Claims: Shorter Deadlines

If your injury was caused by a government entity or employee (for example, a city bus accident or a dangerous road condition), you typically must file an administrative tort claim much sooner: California requires notice within 6 months, New York requires just 90 days, Texas requires 6 months, and Florida has specific pre-suit notice requirements. This is a critical exception that catches many people off guard.

Discovery Rule Exception

In some cases, injuries aren't immediately apparent. Most states recognize a 'discovery rule' that provides the statute of limitations doesn't begin to run until the injured person discovers (or reasonably should have discovered) the injury. This exception is common in medical malpractice, product liability, and toxic exposure cases.

Tolling for Minors

If the injured person is a minor (under 18), most states toll (pause) the statute of limitations until they turn 18. The minor then has until the applicable deadline after their 18th birthday to file. However, claims against government entities often have shorter deadlines that are NOT tolled for minors in some states.

Why You Shouldn't Wait

Even if you have years to file, waiting is almost always a mistake. Evidence disappears. Witnesses move away or forget details. Surveillance footage is overwritten. Vehicles are repaired or scrapped. The sooner you contact an attorney, the better your chances of preserving critical evidence and building the strongest possible case.

Take Action Now

If you've been injured, don't gamble with your legal rights. Contact Bond Legal today for a free, no-obligation consultation. We'll evaluate your case, explain your options, and make sure your claim is filed within all applicable deadlines. Call (866) 423-7724.

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