Statute of Limitations by State: How Long You Have to Sue

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Injury & Claims

Statute of Limitations by State: How Long You Have to Sue

August 14, 2026

Statute of Limitations by State: How Long You Have to Sue

Miss your filing deadline and even a strong injury claim can be thrown out. Here is the short version, then the details.

The short answer: most states give you 2 or 3 years from the date of injury to file a personal injury lawsuit. Kentucky and Tennessee allow just 1 year, while Maine, Minnesota, and North Dakota allow up to 6. Claims against a government body can have a notice deadline of only a few months.

When does the clock start?

Usually on the injury date. Some states start it when you discovered the injury.

Does my insurance claim stop the clock?

No. Talking to an insurer does not pause the court deadline.

Is a government claim different?

Yes. Expect a separate, much shorter notice deadline.

What if I might already be late?

Do not assume it is over. Tolling or a different start date may apply. Have an attorney check today.

Find your state Deadline calculator Government claims FAQ

How Long Do You Have to Sue Someone?

It depends on your state and the type of claim. Personal injury deadlines run from 1 to 6 years, and most states fall between 2 and 3.

The table shows typical ranges by claim type. Your state’s exact number is in the state table below.

Typical deadlines by claim type (general ranges)
Claim typeTypical rangeClock usually starts
Personal injury1 to 6 years, most often 2 to 3Injury date
Car accident injurySame as personal injury (Colorado: 3 years)Accident date
Medical malpractice1 to 4 years, often with an outer limitAct or discovery date, depending on state
Wrongful death1 to 3 yearsDate of death
Product liabilityUsually your state’s injury periodInjury date; some states add a limit from the sale date
Property damage2 to 6 years, often longer than injuryDate of damage or discovery
Claim against a government entityNotice often due in 60 to 180 daysIncident date. Separate from, and shorter than, the statute

What Is a Statute of Limitations?

A statute of limitations is a legal deadline for filing a lawsuit. It does not set a deadline for settling or finishing one.

File after it expires and the defendant can ask the court to dismiss the case, no matter how strong your evidence is. California’s court self-help site describes it the same way most courts do: once the time runs out, you generally lose the right to sue.

The rule exists to keep evidence and memories fresh and to give defendants a point where they can stop worrying about an old event. It says nothing about how serious your injury is.

This page covers civil injury lawsuits only. Criminal and debt-collection deadlines follow different rules.

When Does the Statute of Limitations Clock Start?

The default rule is simple and easy to misjudge. The period usually runs from the date the injury occurred, not the date you decided to pursue it, finished treatment, or received an insurance denial.

The discovery rule

Where an injury could not reasonably be found right away, many states start the clock on the date you discovered it, or reasonably should have. It is common in medical malpractice and toxic exposure cases, and less common for a plain slip and fall.

Whether it applies, and how, varies a lot by state and claim type.

Statute of limitations vs. statute of repose

A statute of repose is an absolute outer limit measured from the act itself, such as a surgery or a product sale. Unlike the discovery rule, it can bar a claim before you know you were hurt.

Limitations vs. repose
Statute of limitationsStatute of repose
Clock startsInjury, or discovery in some statesThe act or sale itself
Discovery rule helps?Often, yesNo. It caps everything
Common inNearly every injury claimMedical malpractice, product and construction claims

Wrongful death

The clock commonly runs from the date of death, not the date of the injury that caused it. That can be a very different date after a long illness or slow decline.

Which State’s Deadline Applies to You?

Start with the state where the injury happened, not necessarily where you live. That is usually where you will file, and it is the safest starting point if you were hurt while traveling.

The catch is that the deadline that counts is the one the court applies. Courts generally use their own state’s limitations period, and many states have “borrowing statutes” that apply the shorter of two states’ periods when the claim arose elsewhere.

State court vs. federal court

Filing in federal court does not buy you more time. When a federal court hears a state-law injury claim between citizens of different states, called diversity jurisdiction (with more than $75,000 at stake), it generally applies the statute of limitations of the state where it sits.

Federal deadlines apply mainly to federal claims, such as suing a federal agency. See deadlines that are even shorter.

Statute of Limitations by State

The table gives the general personal injury, wrongful death, and medical malpractice period in each state and the District of Columbia. Look up the state where the injury happened.

These are baselines, not guarantees. A dagger (†) means the state has a special rule, listed in the notes below the table.

Jump to your state:

Statute of limitations by state, September 2026
StatePersonal injuryInjuryWrongful deathDeathMedical malpracticeMed mal
Alabama2 yrs2 yrs2 yrs
Alaska2 yrs2 yrs2 yrs
Arizona2 yrs2 yrs2 yrs
Arkansas3 yrs3 yrs2 yrs
California2 yrs2 yrs1–3 yrs†
Colorado2 yrs†2 yrs2 yrs
Connecticut2 yrs2 yrs2 yrs
Delaware2 yrs2 yrs2 yrs†
District of Columbia3 yrs2 yrs3 yrs
Florida2 yrs†2 yrs2 yrs†
Georgia2 yrs2 yrs2 yrs†
Hawaii2 yrs2 yrs2 yrs
Idaho2 yrs2 yrs2 yrs
Illinois2 yrs2 yrs2 yrs†
Indiana2 yrs2 yrs2 yrs
Iowa2 yrs2 yrs2 yrs
Kansas2 yrs2 yrs2 yrs
Kentucky1 yr†1 yr1 yr
Louisiana2 yrs†1–2 yrs†1 yr†
Maine6 yrs3 yrs3 yrs
Maryland3 yrs3 yrs3–5 yrs†
Massachusetts3 yrs3 yrs3 yrs†
Michigan3 yrs3 yrs2 yrs†
Minnesota6 yrs3 yrs4 yrs
Mississippi3 yrs3 yrs2 yrs
Missouri5 yrs3 yrs2 yrs
Montana3 yrs3 yrs2 yrs†
Nebraska4 yrs2 yrs2 yrs
Nevada2 yrs2 yrs2–3 yrs†
New Hampshire3 yrs3 yrs3 yrs
New Jersey2 yrs2 yrs2 yrs
New Mexico3 yrs3 yrs3 yrs
New York3 yrs2 yrs2½ yrs
North Carolina3 yrs2 yrs3 yrs†
North Dakota6 yrs2 yrs2 yrs
Ohio2 yrs2 yrs1 yr
Oklahoma2 yrs2 yrs2 yrs
Oregon2 yrs3 yrs2 yrs
Pennsylvania2 yrs2 yrs2 yrs
Rhode Island3 yrs3 yrs3 yrs
South Carolina3 yrs3 yrs3 yrs
South Dakota3 yrs3 yrs2 yrs
Tennessee1 yr1 yr1 yr†
Texas2 yrs2 yrs2 yrs†
Utah4 yrs2 yrs2 yrs†
Vermont3 yrs2 yrs3 yrs
Virginia2 yrs2 yrs2 yrs†
Washington3 yrs3 yrs3 yrs†
West Virginia2 yrs2 yrs2 yrs
Wisconsin3 yrs3 yrs†3 yrs†
Wyoming4 yrs2 yrs2 yrs
Injury = personal injury. Death = wrongful death. Med mal = medical malpractice. General filing periods only. Discovery rules, repose limits, tolling, and government notice deadlines can move your real deadline earlier or later. Confirm with a licensed attorney before relying on any figure.

Notes for states marked with †

Special rules by state
StateWhat is different
CaliforniaMedical malpractice: 1 year from discovery or 3 years from the injury, whichever comes first (Cal. Code Civ. Proc. § 340.5). You must also give the provider 90 days’ written notice before suing (§ 364).
ColoradoPersonal injury: 2 years in general, but 3 years for motor vehicle claims.
DelawareMedical malpractice: 2 years, extended to 3 years when the injury could not reasonably have been discovered sooner.
FloridaPersonal injury: 2 years for negligence claims that accrued on or after March 24, 2023 (HB 837). Earlier claims had 4 years.
Medical malpractice: 2 years from discovery, with a 4-year outer limit in most cases.
GeorgiaMedical malpractice: 2 years, with a 5-year statute of repose.
IllinoisMedical malpractice: 2 years from discovery, with a 4-year statute of repose.
KentuckyPersonal injury: 1 year. Many car-crash claims get 2 years under Kentucky’s no-fault law (KRS 304.39-230).
LouisianaPersonal injury: 2 years for injuries on or after July 1, 2024. Earlier injuries had 1 year.
Wrongful death: 1 year from the death or 2 years from the injury, whichever is longer (Act 176 of 2025, effective Aug. 1, 2025). Confirm which version applies to an earlier death.
Medical malpractice: 1 year from the act or discovery, and no more than 3 years from the act (La. R.S. 9:5628).
MarylandMedical malpractice: the earlier of 5 years from the injury or 3 years from discovery (Md. Code, Cts. & Jud. Proc. § 5-109).
MassachusettsMedical malpractice: 3 years with a discovery rule and a 7-year statute of repose.
MichiganMedical malpractice: 2 years from the act, or 6 months from discovery, whichever is later, capped at 6 years (MCL 600.5838a).
MontanaMedical malpractice: 2 years from injury or discovery, whichever is later, capped at 5 years (Mont. Code § 27-2-205). This statute has been amended more than once, so confirm the current version.
NevadaMedical malpractice: the earlier of 3 years from the injury or 2 years from discovery, for injuries on or after Oct. 1, 2023 (NRS 41A.097).
North CarolinaMedical malpractice: 3 years from the last negligent act. If the harm was not readily apparent, up to 1 year from discovery, but no more than 4 years from the act (N.C. Gen. Stat. § 1-15(c)).
TennesseeMedical malpractice: 1 year from discovery, with a 3-year statute of repose.
TexasMedical malpractice: 2 years from the act or the end of a course of treatment, with a 10-year statute of repose.
UtahMedical malpractice: 2 years from discovery and no more than 4 years from the act (Utah Code § 78B-3-404). Bills to extend these periods have been introduced, so confirm the current rule.
VirginiaMedical malpractice: 2 years from the act, with limited discovery exceptions and outer limits (Va. Code § 8.01-243 and related sections).
WashingtonMedical malpractice: 3 years from the act or 1 year from discovery, whichever is later, with an 8-year outer limit (RCW 4.16.350).
WisconsinWrongful death: 3 years, or 2 years if the death arose from a motor vehicle accident (Wis. Stat. § 893.54).
Medical malpractice: 3 years from the act or 1 year from discovery, whichever is later, capped at 5 years (§ 893.55).
Many states not listed here also have repose caps or discovery rules for medical malpractice. The main table shows the general filing period.
Statute citations for reference
StateStatutes
AlabamaPersonal injury: Ala. Code § 6-2-38
ArizonaPersonal injury: A.R.S. § 12-542
CaliforniaPersonal injury: Code Civ. Proc. § 335.1. Medical malpractice: § 340.5
DelawarePersonal injury: 10 Del. C. § 8119
FloridaPersonal injury and medical malpractice: Fla. Stat. § 95.11
GeorgiaPersonal injury: O.C.G.A. § 9-3-33
IllinoisPersonal injury: 735 ILCS 5/13-202
IndianaPersonal injury: Ind. Code § 34-11-2-4
LouisianaPersonal injury: La. Civ. Code art. 3493.1. Wrongful death: art. 2315.2. Medical malpractice: La. R.S. 9:5628
MainePersonal injury: 14 M.R.S. § 752. Wrongful death: 18-C M.R.S. § 2-807. Medical malpractice: 24 M.R.S. § 2902
MarylandPersonal injury: Cts. & Jud. Proc. § 5-101. Wrongful death: § 3-904. Medical malpractice: § 5-109
MassachusettsPersonal injury: Mass. Gen. Laws ch. 260, § 2A
MichiganMedical malpractice: MCL 600.5838a
MinnesotaMedical malpractice: Minn. Stat. § 541.076
MississippiPersonal injury: Miss. Code § 15-1-49. Medical malpractice: § 15-1-36
MissouriPersonal injury: RSMo § 516.120. Wrongful death: § 537.100. Medical malpractice: § 516.105
MontanaMedical malpractice: Mont. Code § 27-2-205
NevadaMedical malpractice: NRS 41A.097
New JerseyPersonal injury: N.J.S.A. 2A:14-2. Wrongful death: 2A:31-3
New YorkPersonal injury: CPLR § 214. Wrongful death: EPTL § 5-4.1. Medical malpractice: CPLR § 214-a
North CarolinaPersonal injury: N.C. Gen. Stat. § 1-52. Medical malpractice: § 1-15(c)
PennsylvaniaPersonal injury: 42 Pa.C.S. § 5524
TennesseePersonal injury: Tenn. Code § 28-3-104
TexasPersonal injury: Tex. Civ. Prac. & Rem. Code § 16.003
UtahMedical malpractice: Utah Code § 78B-3-404
VirginiaPersonal injury: Va. Code § 8.01-243. Wrongful death: § 8.01-244
WashingtonPersonal injury: RCW 4.16.080. Medical malpractice: RCW 4.16.350
WisconsinPersonal injury and wrongful death: Wis. Stat. § 893.54. Medical malpractice: § 893.55

Car accidents are the most common reason readers land on this table. Once you have your state’s deadline, our car accident lawyer guide covers what happens next, from fees to claims to settlements.

Statute of Limitations Calculator: Estimate Your Filing Deadline

This tool adds the general period from the table above to the date you enter, so you can see roughly where you stand.

It does not know the facts of your case. Treat the result as a starting point for a conversation with an attorney, not as your actual deadline.

Date of injury (or the date you discovered it)

Enter your date, state, and claim type above to see a general baseline.

This is a general baseline only. It does not account for the discovery rule, a statute of repose, government notice deadlines, tolling, or the facts of your case. Speak with a licensed attorney in your state promptly, whatever this tool shows.

This tool is an illustration, not legal advice, and it is not a substitute for speaking with a licensed attorney in your state.

Car Accident and Slip-and-Fall Statute of Limitations

Car accident injury claims usually follow your state’s general personal injury deadline, most often 2 or 3 years from the crash. A few states differ. Colorado allows 3 years for motor vehicle claims, and Kentucky’s no-fault law often gives 2.

Damage to your vehicle is a property damage claim, which often has a longer period than an injury claim. In California, for example, injury is 2 years and property damage is 3.

Slip-and-fall claims use the same injury deadline when a private owner is responsible. If a city, county, school district, or state agency owns the property or the vehicle, a much shorter notice deadline can apply first.

Which deadline usually applies
SituationDeadline that appliesWatch for
Injured in a car accidentYour state’s personal injury periodColorado: 3 years for motor vehicle claims
Car repairs or total lossProperty damage periodOften longer than the injury deadline
Slip and fall, private propertyPersonal injury periodReport the fall and preserve evidence right away
Slip and fall, public propertyGovernment notice deadlineOften 60 to 180 days
Crash with a government vehicleGovernment notice deadlineSame short notice window

Does Shared Fault Change the Deadline?

No. If you were partly at fault, your filing deadline stays the same. Shared fault affects how much you can recover, not how long you have to sue.

Most states use some form of comparative negligence, which reduces your payout by your percentage of fault. Many also bar recovery entirely if you are more than 50% at fault. Florida moved to that rule in 2023, and Louisiana did for injuries on or after January 1, 2026.

A few jurisdictions, including Alabama, Maryland, North Carolina, Virginia, and D.C., follow contributory negligence. There, even a small share of fault can bar your claim.

Medical Malpractice: Shorter Deadlines and an Absolute Cutoff

Medical malpractice deadlines are usually shorter than the general injury period, and they are built differently. Many states pair a short filing window, often 1 to 3 years, with a discovery rule that can start the clock when you recognized the harm as possible malpractice.

Many states also require steps before you can file, such as an expert’s certificate of merit, advance notice to the provider, or a screening panel. California, for example, requires 90 days’ written notice of intent to sue (Cal. Code Civ. Proc. § 364).

These steps take time, so start them well before your deadline.

Claims involving minors, foreign objects left in the body, or public hospitals often follow different rules. For more on how liability is proven, see our guide to medical malpractice liability risks.

Wrongful Death Deadlines

If you are reading this section, we are sorry for your loss.

The filing period commonly runs from the date of death, not the date of the injury that caused it. After a long illness or a delayed complication, the countdown may not start until the day your loved one died.

Only certain people can file, usually the estate’s personal representative. Some states also define a class of surviving family members. New York’s wrongful death statute shows how a state can set the deadline and who may file in the same provision.

A wrongful death claim and a survival action are different. A wrongful death claim compensates surviving family members for their own losses, such as lost support and companionship. A survival action compensates the estate for what the deceased suffered before death, such as pain, medical bills, and lost wages.

They can often be filed together, but each may have its own clock. Louisiana, for example, uses a mixed rule for both: 1 year from death or 2 years from the injury, whichever is longer. Our wrongful death guide covers what each involves beyond the filing deadline.

Can You Extend or Pause the Statute of Limitations?

A few doctrines can pause, or “toll,” the clock. Availability and scope vary by state, so treat this table as a list of questions for an attorney, not a set of guarantees.

What can pause the clock (varies by state)
SituationWho it coversEffect
Injured minorSomeone hurt before age 18The clock often starts or pauses until 18. Malpractice and government claims often have narrower rules
Legal incapacitySomeone unable to manage their affairs when the claim arose, such as after a comaThe clock may pause while the incapacity lasts. Some states cap the extra time
Defendant absent or concealingA defendant who left the state or hid the wrongdoingTime away or concealment may not count against you
Signed tolling agreementYou and the defendant or insurer agree in writingThe clock pauses or extends for the agreed period
Equitable tollingRare, fact-specific situations a court finds unfairLimited. Never plan around it
Defendant’s bankruptcyClaims against someone who files for federal bankruptcy before you sueAn automatic stay blocks new suits. Under 11 U.S.C. § 108(c), you generally get at least 30 days after the stay ends if your deadline would have expired during it

What about a coma or mental incapacity?

Many states pause the clock while someone lacks the legal capacity to manage their affairs. California, Texas, and New York all have provisions like this (Cal. Code Civ. Proc. § 352, Tex. Civ. Prac. & Rem. Code § 16.001, and N.Y. CPLR § 208).

The details vary. Many states look at whether the incapacity existed when the claim arose, and some want a court finding or medical proof. A later decline in health may not qualify, and some states cap the total extra time.

If this may apply to you, get advice early and gather medical records that document the incapacity.

Tolling agreements

A defendant or insurer can agree in writing to pause the clock while you negotiate. Only a signed agreement counts. An adjuster’s verbal “we’re still reviewing it” does not stop anything.

Tolling is neither automatic nor universal. Someone has to raise it, prove the facts, and often plead it correctly from the start. Do not delay filing on the assumption that a tolling rule will rescue you later.

The Deadlines That Are Even Shorter

Nothing else on this page is as likely to save, or cost, a reader their claim as this section.

Deadlines that are shorter than the statute
SituationThe separate deadlineIf you miss it
Claim against a city, county, or stateOften 60 to 180 days to file a notice of claim, well before any lawsuitGenerally barred, even with years left on the statute
Claim against a federal agencyAn administrative claim within 2 years, then suit within 6 months of the agency’s final denial (28 U.S.C. § 2401(b))The suit is generally barred if the administrative claim was not filed first
Notifying your own insurerOften “prompt” or “immediate” notice, sometimes just daysCan cost you coverage while the statute is still open
Workers’ compensation reportOften 30 days or less to notify your employer, then a separate filing deadlineCan bar the claim whatever the general injury statute says

Someone struck by a city bus, hurt on public property, or treated at a public hospital is affected by this, and almost never knows it until too late. California’s government claim process is a useful example: a claim to the public entity, a short response window, and only then the right to sue.

Examples of government notice deadlines (verify your entity)
StateTypical noticeThen
California6 months for injury claims6 months to sue after a written rejection
New York90 days for most claims against local governmentsSuit generally within 1 year and 90 days of the incident
Texas6 months, and some city charters set shorter windowsThen the normal 2-year statute
Examples only. Deadlines depend on the entity, the claim, and the year. For federal claims, if the agency does not answer within 6 months you may be able to treat that as a denial.

Workers’ compensation has its own reporting and filing deadlines, typically much shorter than a personal injury statute. Our workers’ compensation guide covers those rights, claims, and deadlines in full.

Long-Latency and Exposure Claims

Some diseases do not appear until decades after the exposure that caused them. Asbestos-related illness is the clearest example. These claims are typically governed by discovery-based rules that run from diagnosis, not exposure.

They also often involve several defendants with different timelines. Our asbestos exposure claims guide covers filing deadlines for that claim type in depth.

What Happens If the Statute of Limitations Expires Before You File?

Here is the honest answer first: a claim filed after the deadline can generally be dismissed, and it cannot be revived. We are not going to tell you otherwise.

But you may be wrong about your own date. The clock may have started later than you assume, a tolling doctrine may apply, your claim may fall in a category with a longer period, or another defendant in the same event may have a different deadline.

Some states have also opened narrow revival windows that temporarily reopen time-barred claims. The clearest example is civil claims for childhood sexual abuse. New York’s Child Victims Act extended the civil deadline to a survivor’s 55th birthday and opened a lookback window that has since closed. California’s AB 218 extended the deadline to age 40, or five years from discovery, and opened a window that closed at the end of 2022.

New York’s Adult Survivors Act did the same for certain adult survivors, and its window closed in November 2023. Other states have passed similar reforms, and windows open and close, so check the current law.

This is a fast-moving, specialized area with its own trauma-informed considerations. If it applies to you or someone you know, an attorney who focuses on abuse survivor cases is the right next step, not this table.

Frequently Asked Questions

How long do you have to sue someone?

In most states you have 2 or 3 years to file a personal injury lawsuit. The range runs from 1 year in Kentucky and Tennessee to 6 years in Maine, Minnesota, and North Dakota, so check your state in the table above.

What is a statute of limitations?

A legal deadline for filing a lawsuit. If you file after it expires, the court can dismiss the case no matter how strong it is.

When does the clock actually start?

Usually on the date of the injury. Some states apply a discovery rule that starts the clock when you knew, or reasonably should have known, about the injury.

What is the statute of limitations for a car accident injury?

It is usually the same as your state's personal injury deadline, most often 2 or 3 years. Colorado gives 3 years for motor vehicle claims. Vehicle damage often has a longer period, and a crash involving a government vehicle can require a notice of claim within months.

What is the statute of limitations for a slip and fall?

The general personal injury deadline applies when the property is privately owned. If a city, county, or state owns it, a short notice-of-claim deadline can apply first.

Which state's deadline applies if I was hurt while traveling?

Start with the state where the injury happened. The court where you file usually applies its own state's deadline, and some states borrow a shorter period from another state. Treat the shortest plausible deadline as yours and confirm with an attorney.

Does filing in federal court give me more time?

No. A federal court hearing a state-law injury claim generally applies the statute of limitations of the state where it sits.

Does shared fault change the deadline?

No. If you were partly at fault, the filing deadline stays the same. Shared fault affects how much you can recover, not how long you have to sue.

Is the deadline different for medical malpractice?

Usually, yes. Malpractice periods are often shorter than the general personal injury period, and many states add a separate outer limit called a statute of repose.

How long do I have to file a wrongful death claim?

Typically 1 to 3 years, most often counted from the date of death rather than the injury that caused it. Louisiana uses a mixed rule: 1 year from death or 2 years from the injury, whichever is longer.

What is a statute of repose?

An absolute outer deadline measured from the date of the act, such as a surgery or a product sale, not from the date of discovery. It can bar a claim before the injury is discovered.

Does the deadline pause for a child who was injured?

Often, yes. Many states pause or delay the clock until the child turns 18, though medical malpractice and government claims frequently have narrower rules.

What if the injured person was in a coma or mentally incapacitated?

Many states pause the clock while someone lacks the legal capacity to manage their affairs. The rules are strict and vary: some require the incapacity to exist when the claim arose, and some cap the extra time. Talk to an attorney early.

Is the deadline different if a government agency is involved?

Yes. Claims against government entities usually require a separate notice of claim, often within 60 to 180 days, well before the lawsuit deadline.

Does filing an insurance claim count as filing a lawsuit?

No. An insurance claim is a request to a private company, and a lawsuit is filed with a court. Talking to an insurer does not stop the court's deadline.

Does settling with an insurer or negotiating extend my deadline?

Not automatically. Settlement talks do not pause the statute of limitations in most states, so you may need to file a lawsuit while negotiations continue.

Can the defendant waive the statute of limitations?

Sometimes. The deadline is a defense the defendant has to raise, and the parties can sign a written tolling agreement that pauses the clock during negotiations. A verbal promise from an adjuster does not count, so never rely on one.

Can you extend the statute of limitations?

Only in limited situations: a discovery rule, tolling for a minor or an incapacitated person, a defendant who hid the wrongdoing or left the state, a bankruptcy stay, or a signed tolling agreement. Courts rarely extend a deadline just because you ask.

What is the statute of limitations for an unborn child injured in an accident?

A child injured before birth can generally sue only if born alive. In many states the child's own clock is treated as starting at birth, then pausing while the child is a minor, but the rules vary. Claims by the parents can run on a different clock.

What if the defendant dies before I can sue them?

The claim generally continues against the defendant's estate, and any liability insurance still applies. Timing can get much tighter: many states set a separate estate-claims deadline, as short as a few months after the estate gives notice, or one year from death in California.

What happens if I miss the deadline?

The claim can generally be dismissed permanently. Exceptions exist, but they are fact-specific, so have an attorney check your dates before assuming it is over.

Do I have to finish my case before the deadline, or only file?

Only file. The statute of limitations controls when you must start the lawsuit in court, not when it must end.

This article is for educational and informational purposes only. It is not legal advice, and reading it does not create an attorney-client relationship. Limitation periods, tolling rules, notice requirements, and exceptions vary by state and by the facts of a case, and they change. The periods described here are general baselines as of the update date above, and your actual deadline may be shorter. If you believe you may have a claim, consult a licensed attorney in your state promptly. Missing a filing deadline generally ends a claim permanently, no matter how strong it is.

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