Understanding the Statute of Limitations for Personal Injury Cases

Before you go looking for a personal injury attorney in NYC, or anywhere else for that matter, you must understand that even personal injury cases have a statute of limitations. Because every state has its quirks, this will be an overview of the statute of limitations, regarding personal injuries, for all 50 states and Washington, D.C., as well as a reminder of what “statute of limitations” means.

Read More: What should a personal injury lawyer fee?

Defining “Statute of Limitations”

Also known as “prescriptive periods,” these are the maximum window of time after the inciting incident that a plaintiff has to file suit. Attempting to file a claim after the statute of limitations has elapsed may either be outright impossible or the case may simply be dismissed for failure to act within the statute.

Statutes of limitations are a safeguard for defendants.

• Any plaintiff with a valid reason to pursue action should act within a reasonable time.
• Should a stale claim be litigated, the defendant may have lost evidence crucial to disproving the plaintiff’s claims.
• Litigating a claim that has lain dormant for a protracted amount of time is likely to yield more cruelty than justice.

The Statutes in Each State

Personal injury cases are civil matters that have a statute ranging from one to six years, with two to three years being the norm.

• Two years.
• Two years.
• Two years.
• Three years.
• Two years.
• Normally two years but three years in if the personal injury arises from an auto accident.
• Two years.
• Two years.
• Four years.
• Two years.
• Two years.
• Two years.
• Two years.
• Two years.
• Two years.
• Two years.
• Normally one year but two years if the personal injury arises from an auto accident.
• One year.
• Six years.
• Three years.
• Three years.
• Either three years or just one year regarding insurance claims about personal injury protection.
• Two years.
• Three years.
• Five years.
• Three years.
• Four years.
• Two years.
• New Hampshire. Three years.
• New Jersey. Two years.
• New Mexico. Three years.
• New York. Three years.
• North Carolina. Three years.
• North Dakota. Six years.
• Two years.
• Two years.
• Two years.
• Two years.
• Rhode Island. Three years.
• South Carolina. Three years.
• South Dakota. Three years.
• One year.
• Two years.
• Four years.
• Three years.
• Two years.
• Three years.
• Washington, D.C. Three years.
• West Virginia. Two years.
• Three years.
• Four years.

When Does the Window Start?

Normally, the statute begins on the day of the inciting incident. That said, exceptions to this start date rule exist and are most prominent when the consequences of the inciting incident do not manifest until some time later. If your injuries are not immediate, the statute begins the moment that they become noticeable or should have been noticed.

Read More: 5 Most Common Types of Personal Injury Cases You Must Know

Extending the Statute

Generally speaking, there are only a handful of ways that the statute of limitations can be extended, or at least placed on hold, in a personal injury case. Whether or not any of these applies can depend on the state.

1. The injured party is a minor. In personal injury cases involving a child, the statute of limitation begins once that child turns 18. However, parents may file a claim on the child’s behalf instead of waiting until that time.
2. If the defendant leaves the state, the statute is paused until the defendant’s re-entry.
3. The plaintiff is not legally competent to file suit.