Statute of Limitations for Auto Accident Personal Injury Claims

In most auto accident injury cases, the injured party brings a negligence claim for personal injuries against the driver of the other car. Each state has a statute of limitations which specifies the time period within which a personal injury claim must be filed. These time limits vary state by state so it’s important to know which state’s laws will apply if you plan to file a personal injury claim for bodily injuries sustained in a car accident. With auto accidents, it is the statute of limitations of the state where the accident occurred that will apply and determine the permitted time period for filing a claim.  If the claim is not filed within the applicable time period, the injured party will lose his or her right to file a claim for that injury.

Statute of Limitations for Auto Accident Injury Claims

Depending on which state the claim is filed in, the statute of limitations for a personal injury claim can run anywhere from one to six years. In certain cases, the statute of limitations may be tolled; for example, if the injured person is a minor or mentally incompetent, or if other state-specific circumstances apply.

In car accident injury cases, the statute of limitations usually begins to accrue from the date of the accident. However, in cases involving hidden car accident injuries, a person may not be aware of injuries sustained at the time of the accident or even for a period of time afterwards. Some states have a discovery rule provision which allows the time period for filing a claim to begin after the date of discovery of the injury or when someone should have reasonably discovered the injury.  These rules, like the rules on tolling, vary greatly so anyone filing a claim should check the rules for the state where the claim is being filed.

Statutes of Limitations for Other Auto Accident Claims (Non-Personal Injury)

In an auto accident case, a victim’s injuries may not necessarily be caused solely by the negligence of another driver. In some cases, an injured party may also have a products liability claim against the automaker, or the designer or marketer of the vehicle. In most states, the statute of limitations for product liability claims is different from personal injury claims. Each state’s rules vary on the time period for filing this type of claim and often depend on the specific facts of the case. An injury from a car wreck could also potentially be the result of medical negligence. Again, there would be a different set of statute of limitations and rules for each state for professional medical negligence claims.

50-State Chart: Statute of Limitations for Personal Injury Claims

Below are the statutory time limits for filing a personal injury claim for each state and the District of Columbia. It’s important to remember, however, that car accidents injury cases are very fact specific as to what type of claim should be filed and the applicable statute of limitations that will apply. To make sure you accurately determine the type of claim you should file and the time period within which you must file your claim--taking into account all the particular facts and circumstances of your situation--you should consult with an experienced car accident injury lawyer.