What Is the Statute of Limitations for Filing a Personal Injury Lawsuit?

Personal Injury Lawyer

Statutes of limitations are state laws setting forth the times within which you have to file various types of lawsuits and other restrictions pertaining thereto. Each state has its own set of statutes of limitations, and they vary widely from state to state.

With regard to filing a personal injury lawsuit, the SOLs of most states give you 2-3 years from the date of your injury in which to file your suit. This time frame, however, may be considerably shorter depending on the type of personal injury lawsuit you file and against which defendant(s) you file it. Your wisest course of action is to contact an experienced local personal injury lawyer like one from Hall Justice Law Firm as soon as possible after your accident who can advise you of your state’s statute of limitations for your type of injury.

Types of Personal Injuries

Keep in mind that you can sustain a personal injury from a variety of causes, including the following:

• Motor vehicle accident
• Motorcycle, bicycle or pedestrian accident
• Boating or other waterway accident
• Medical malpractice
• Nursing home abuse or neglect
• Slip, trip, fall or other premises liability accident
• Defective product accident
• On-the-job accident

Types of Defendants

As stated, your state’s personal injury SOL may well depend on not only what type of injury you sustained, but also on the person or entity you plan to sue. For instance, many states severely limit the time in which you can file suit against a municipality, city or county if poor road conditions contributed to your accident.

Amount of Damages

Sometimes a state law will limit the amount of damages you can receive in a personal injury lawsuit, especially if the court determines that you were partially to blame for your own injuries.

Other laws, called damage caps, most often apply to the amount of punitive damages, if any, you can recover in addition to your economic and non-economic damages.

Still other laws may severely limit the circumstances under which you can sue an employer or coworker in addition to filing a workers’ compensation claim if you sustain a work-related injury. They may also limit the amount of damages you can receive in such a situation.

All in all, navigating your way through your state’s personal injury statutes of limitations and other laws can be quite tricky, at best. This is why you need the advice, counsel and representation of an experienced local personal injury lawyer who can ensure that your lawsuit is filed against the proper parties within the allotted time frame.