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Regardless of how much time remains, the sooner you have legal representation, the stronger your case will be. Our network attorneys offer free consultations and work on contingency.
The statute of limitations is a legal deadline — a window of time within which you must file a lawsuit or permanently lose your right to do so. In personal injury cases, this clock starts running on the date of the accident.
What Happens If It Expires?
If you miss the statute of limitations deadline, your case is permanently barred. No matter how strong your evidence, how serious your injuries, or how clear the other driver's fault — the court will dismiss your case. The insurance company will owe you nothing. This is why acting quickly is critical.
Note that the statute of limitations is the deadline to file a lawsuit — not to settle your claim. Most cases settle before a lawsuit is ever filed. But having the ability to file a lawsuit is what gives your attorney leverage to negotiate a fair settlement. Without it, the insurance company has no incentive to pay you fairly.
In some cases, the statute of limitations clock doesn't start until the victim discovers — or reasonably should have discovered — that they were injured. This most commonly applies to injuries that aren't immediately apparent, such as internal injuries or conditions that develop over time.
When the accident victim is under 18 years old, most states toll (pause) the statute of limitations until the minor turns 18. The clock then starts running from their 18th birthday, giving them additional time to file.
If the at-fault vehicle was owned or operated by a government entity (city bus, police car, postal vehicle), special rules apply. You typically must file a government tort claim within 6 months — much shorter than the standard deadline. Missing this deadline can permanently bar your claim.
Cases involving uninsured drivers may have different deadlines depending on whether you're filing a UM/UIM claim with your own insurer. Check your policy and consult an attorney — the deadline to notify your own insurer may be much shorter than the standard SOL.
If the victim was mentally incapacitated at the time of the accident, the statute of limitations may be tolled until they regain capacity. The definition of incapacity varies by state.
If the defendant actively concealed their identity or the cause of the accident, courts may toll the statute of limitations for the period of concealment.
This tool is for informational purposes only and does not constitute legal advice. Statute of limitations rules are complex and exceptions may apply. Always consult a licensed personal injury attorney in your state for advice specific to your situation.