How Long Do You Have to File a Personal Injury Lawsuit?
Every state sets a deadline for filing a personal injury lawsuit, called a statute of limitations. Missing it can bar recovery regardless of the strength of the case.
Deadlines vary by state, and some states have changed theirs in recent years.
State-by-state general personal injury filing deadlines
| State | General PI deadline | Notes |
| California | 2 years | From date of injury; Cal. Civ. Proc. Code § 335.1 |
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Georgia | 2 years | O.C.G.A. § 9-3-33 |
| Florida | 2 years | Reduced from 4 years by HB 837, effective March 24, 2023 |
| Colorado | 3 years for motor vehicle claims; 2 years for other PI claims | Colo. Rev. Stat. §§ 13-80-101, 13-80-102 |
| Maryland | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
Why did Florida’s deadline change?
Florida’s House Bill 837, signed March 24, 2023, cut the general negligence statute of limitations from four years to two. The tort reform package also shifted the state from pure to modified comparative negligence with a 51% bar. The two-year deadline applies to injuries occurring on or after March 24, 2023. Claims from before that date remain subject to the prior four-year period. This change shows why relying on outdated information about a state’s filing deadline can create problems.
Why does Colorado have two different deadlines?
Colorado gives motor vehicle accident claims a three-year filing period under Colo. Rev. Stat. § 13-80-101. Most other personal injury claims, including slip and falls, dog bites, and general negligence, have a two-year deadline under a separate statute. Wrongful death claims have a two-year deadline from the date of death, with a four-year period for certain hit-and-run vehicular homicide cases.
Does the deadline always start on the date of the accident?
Not always. States may apply a “discovery rule” in certain circumstances, meaning the clock can start when an injury was discovered or should have been discovered rather than on the date of the incident. This can apply to injuries that do not produce immediate symptoms. Claims involving minors, government entities, or case types such as medical malpractice may have separate deadlines or triggering events.
How does a firm stay current on changing rules?
A firm focused on personal injury law has reason to track legislative changes such as Florida’s HB 837 because filing deadlines affect whether a lawsuit can proceed. Empire Attorney Firm describes its practice as focused on personal injury law, placing state-specific filing rules and procedural changes within the firm’s core practice rather than among unrelated legal areas.
Why do states change these deadlines?
Statute of limitations changes can form part of tort reform legislation addressing litigation procedures, liability rules, and insurance issues. Florida’s HB 837 is one example. The shortened filing deadline came with a shift from pure to modified comparative negligence and other changes to Florida civil litigation. Because these provisions can take effect on a set date, the rules governing a claim may depend on when the injury occurred.
What happens to a claim that falls on a transition date?
Legislative changes such as HB 837 specify an effective date and may apply to claims accruing on or after that date, leaving earlier claims under the prior rule. The applicable deadline can therefore depend on the date of injury relative to the law’s effective date. Confirming that date helps determine which rule governs the claim.
Do all types of claims within a state share the same deadline?
No. Medical malpractice claims, claims against government entities, wrongful death claims, and claims involving minors can have separate deadlines or procedural requirements. Someone assuming a state’s general two-year rule applies to a claim against a government entity, for example, may encounter a notice requirement measured in months rather than years.
How does the discovery rule interact with these deadlines?
The discovery rule can delay the start of the statute of limitations until an injury was, or should have been, discovered rather than starting on the date of the incident. This can matter for certain medical complications, chemical exposures, or product-related injuries that appear later. Courts may require a claimant relying on the rule to show when the injury was discovered and whether reasonable diligence would have revealed it sooner.
What should someone do when they suspect they have a claim?
Confirm the statute of limitations for the state and claim type. A general deadline may not apply when the claim involves a government entity, medical malpractice, wrongful death, a minor, or another category governed by separate rules. Changes such as Florida’s 2023 reform also make the date of injury relevant when determining which law applies.
Is there a benefit to filing before the deadline?
Filing before a deadline can leave more time to identify liable parties and develop the case. Waiting can also create evidence problems. Witness memories fade, surveillance footage can be overwritten, vehicles may be repaired, and conditions at an accident scene can change even while the legal filing period remains open.
Statutes of limitations are not uniform. They vary by state, claim type, and sometimes the date of the incident relative to a change in law. Confirm the current deadline for the state and claim type after an injury rather than relying on a general deadline.
