How long do I have to file a personal injury claim?

The time limit to file a personal injury claim is governed by the statute of limitations, which varies depending on the state and the type of case. The statute of limitations is a legal deadline that determines how long you have to take legal action after an injury. Understanding and adhering to this deadline is critical, as missing it could mean forfeiting your right to compensation.

General Time Limits

In most states, the statute of limitations for personal injury claims is between 1 to 3 years. For example:

  • In Oregon, you generally have 2 years for personal injury claims.
  • In Washington, you have 3 years from the date of the injury to file a claim.

These deadlines apply to cases such as car accidents, slip and falls, and other types of personal injuries caused by negligence.

Exceptions to the Statute of Limitations

There are certain circumstances where the statute of limitations may be extended or shortened:

  • Discovery Rule: If you did not discover your injury right away (e.g., medical malpractice), the clock may start when you became aware of the injury.
  • Minors: If the injured person is a minor, the statute of limitations may be extended until they turn 18.
  • Government Claims: If your injury involves a government entity (e.g., a city bus accident), you may be required to file a notice of claim within a much shorter time frame—sometimes as little as 90 days.
  • Wrongful Death: The time limit for filing a wrongful death claim often begins on the date of death rather than the date of the accident.

What Happens If You Miss the Deadline?

If you fail to file your claim before the statute of limitations expires, your case will likely be dismissed, and you won’t be able to recover compensation. There are very few exceptions to this rule, so it’s essential to act promptly.

Why You Shouldn’t Wait

While the statute of limitations may give you several years to file a claim, it’s best to begin the process as soon as possible. Over time, evidence may be lost, witnesses may forget key details, and it may become more challenging to prove your case. Filing early also gives your attorney more time to build a strong claim.

Consult an Attorney Immediately

If you’re unsure about the statute of limitations for your case, contact a personal injury lawyer as soon as possible. An experienced attorney can determine the deadline that applies to your situation, ensure all paperwork is filed correctly and on time, and protect your right to compensation.

In summary, while the statute of limitations varies, it’s crucial to act quickly to preserve your rights. Don’t let a missed deadline prevent you from seeking justice for your injuries.