What Are the Statutes of Limitations in Injury Cases?

After an accident, your immediate concerns may be medical treatment, missed work, and calls from the insurance company. A legal filing deadline may not be the first thing on your mind.

However, every state limits how long an injured person has to bring a lawsuit. This deadline is known as the statute of limitations. Waiting too long may prevent you from seeking compensation, even when evidence shows that another person caused your injuries.

The deadline depends on where the accident happened, the type of claim, the age of the injured person, and whether a government entity may be responsible. If you were injured in New York, New Jersey, or Connecticut, Cellino Law can review what happened and explain which deadlines may apply. Schedule a free case evaluation online or call 888-888-8888.

Main Takeaways About Injury Claim Deadlines

• The statute of limitations are a set of rules that limit the amount of time an injured person can bring forth a lawsuit.
• Depending on which state the accident happened in, the filing period may be different for personal injury, medical malpractice, wrongful death, and claims involving municipalities.
• The deadline for filing a claim does not always begin on the date of the accident.
• There are exceptions to the statutes of limitations in personal injury cases including if the injuries happened to a minor or a person who is/was mentally incapacitated.
• Insurance negotiations usually do not pause the statute of limitations.
• Claims against cities, schools, transit agencies, and other public entities may require formal notice within months to pursue a claim, regardless of the statutes of limitations.

What Is a Statute of Limitations?

The statute of limitations are a set of rules that limit the amount of time a plaintiff has to bring action against a defendant. If you miss the deadline, you may permanently lose the right to seek compensation for your injuries. These rules exist to prevent frivolous lawsuits, protect fairness for all parties involved, and to ensure that evidence remains reliable.

However, there are some exceptions in which the statute of limitations can be extended, depending on which state the accident occurred in.. Exceptions may include:

• The injury occurred when the person was a minor
• The defendant leaves the state
• An injury is discovered later, not immediately after the accident
• When a city or another public entity is involved
• The accident results in a wrongful death
• More than one state may have a connection to the case

It’s important to note that the statute of limitations is not the same as an insurance deadline. An insurance company may require an accident to be reported promptly, but reporting a claim does not necessarily protect your right to file a lawsuit.

How Long Do You Have to File a Personal Injury Lawsuit?

The statute of limitations can be different in each state, although some deadlines and exceptions may remain the same across state lines. It’s important to understand the statutes of limitations in the state where your injury occurred if you plan on filing a personal injury lawsuit.

New York’s Personal Injury Statutes of Limitations

In New York, personal injury lawsuits must be filed within 3 years of the date of injury.. This deadline applies to claims like car accidents, pedestrian accidents, bicycle accidents, falls, and other other accidents where injuries caused by careless conduct.

However, not every personal injury case follows the three-year rule. Some exceptions include:

• Medical malpractice: These claims have a deadline of two years and six months. Certain exceptions, including continuous treatment or the later discovery of a foreign object, may affect that deadline.
• Wrongful death: A wrongful death lawsuit must be filed within two years of the person’s death.
• Claims against government entities: When a city, school district, public authority, or other covered government entity is involved, a Notice of Claim may need to be filed within 90 days. The lawsuit itself may also have a shorter deadline, often one year and 90 days.

Other circumstances can also affect the statute of limitations. Because the deadline depends on the type of personal injury claim and who may be responsible, injured New Yorkers should not assume they automatically have three years to take legal action.

New Jersey’s Statute of Limitations

In New Jersey, personal injury lawsuits must be filed within two years of the date the injury claim arose. This deadline applies to negligence cases involving car accidents, pedestrian accidents, bicycle accidents, slip and falls, and other injuries caused by someone else’s negligence.

However, not every personal injury case follows the standard two-year rule. Some important exceptions include:

• Claims against government entities: Under the New Jersey Tort Claims Act, a person may need to file a Notice of Claim within 90 days when a public entity or public employee is involved. The lawsuit generally must still be filed within the applicable two-year period.
• Wrongful death: A wrongful death lawsuit must be filed within two years of the person’s death, although New Jersey law provides an exception for certain deaths resulting from crimes such as murder, aggravated manslaughter, or manslaughter.
• Medical Malpractice: Malpractice claims are also subject to a two-year filing deadline, but New Jersey’s discovery rule may affect when that period begins. In some cases, the clock may start when the patient knew or reasonably should have known that an injury occurred and that it may have been caused by medical negligence. 

Because exceptions can affect when the clock starts or how long someone has to file, injured people should not assume they automatically have two full years from the date of an accident to take legal action.

Connecticut’s Statute of Limitations

In Connecticut, personal injury lawsuits based on negligence must be filed within two years from the date the injury is first sustained or discovered, or reasonably should have been discovered. Connecticut law also places an outside limit on many negligence claims, which prevents a lawsuit from being filed more than three years after the act or omission that caused the injury.

However, not every personal injury case follows the standard two-year rule. Some important exceptions include:

• Medical malpractice: Medical malpractice claims must be filed within two years from when the injury was discovered or reasonably should have been discovered, with an outside limit of three years from the act or omission that caused the injury. Connecticut law may also allow a 90-day extension to complete the required pre-suit investigation.
• Wrongful death: A wrongful death lawsuit must be filed within two years of the person’s death and no more than five years from the act or omission that caused the death. Certain exceptions may apply when the death resulted from specific criminal conduct.
• Claims against the State: Claims involving the State of Connecticut may be subject to different procedures and shorter deadlines. Some claims presented to the Office of the Claims Commissioner must be filed within one year after they arise.
• Defective State highways: When an injury is caused by a qualifying defect on a State-maintained highway, bridge, or sidewalk, written notice must be provided to the Commissioner of Transportation within 90 days. A lawsuit must be filed within two years of the injury.

Because Connecticut law includes filing deadlines, outside time limits, notice requirements, and special rules for certain defendants, injured people should not assume they automatically have two full years from the date of an accident or discovery of an injury to take legal action.

When Can the Statute of Limitations Be Extended?

The statute of limitations is not always a fixed deadline. In some unique situations, the law may pause the filing period, delay when the clock starts, or give an injured person additional time to file a lawsuit. This is often called tolling.

The rules are different in New York, New Jersey, and Connecticut, so whether an exception applies depends on where the injury occurred and the facts of the case.

New York Statute of Limitations Exceptions

New York law recognizes several circumstances that can affect the deadline for filing a personal injury lawsuit.

• The injured person is a minor: New York law can toll certain statutes of limitations while an injured person is under 18. Special rules and shorter outside limits can apply to some types of claims, including medical malpractice cases.
• The injured person has a qualifying mental disability: The statute of limitations may also be tolled when a person is unable to protect their legal rights because of a qualifying mental condition.
• The defendant leaves New York: In limited circumstances, time spent outside the state may not count toward the filing deadline. This exception does not apply when the defendant can still be served or the court can obtain jurisdiction over them.
• The injury is discovered later: Certain injuries caused by exposure to toxic or harmful substances follow a discovery-based rule. In those cases, the filing period may begin when the injury is discovered or reasonably should have been discovered rather than on the date of exposure.

Because these exceptions have their own requirements, an injured person should not assume that the standard three-year personal injury deadline will automatically be extended.

New Jersey Statute of Limitations Exceptions

New Jersey also allows the filing deadline to be extended or paused in certain situations.

• The injured person is a minor: If a person is under 18 when the claim arises, New Jersey law can delay the limitations period until the person reaches adulthood. A different rule applies to certain medical malpractice claims involving birth injuries.
• The injured person has a qualifying mental disability: The limitations period can also be tolled when a mental disability prevents the person from understanding their legal rights or starting a lawsuit.
• The injury was not reasonably discoverable right away: New Jersey courts recognize a discovery rule in some cases. It can delay the start of the filing period when an injured person did not know, and reasonably could not have known, that they had a legal claim.
• The defendant leaves New Jersey: The filing period may be tolled in limited circumstances when a defendant is outside the state and cannot be served despite reasonable efforts.

New Jersey courts note that several factors can alter the usual two-year personal injury filing period, so the deadline should be evaluated based on the specific facts of the case.

Connecticut Statute of Limitations Exceptions

Connecticut handles these deadlines somewhat differently. For negligence claims, the law already includes a discovery rule: a lawsuit must be filed within two years of when the injury was sustained, discovered, or reasonably should have been discovered. However, most negligence claims are also subject to a three-year outside limit measured from the act or omission that caused the injury.

Situations that may affect the deadline include:

• The injury is discovered later: Because Connecticut uses a discovery-based rule for negligence claims, the two-year period may begin when the injured person discovers, or reasonably should discover, the injury. The three-year outside limit can still apply.
• Fraudulent concealment: If the defendant intentionally hides the existence of the legal claim to prevent the injured person from filing, Connecticut law can delay when the claim is considered to have accrued.
• The defendant leaves Connecticut: State law contains a tolling provision that can exclude certain periods when the defendant is outside Connecticut from the limitations calculation.
• Certain medical malpractice claims: Connecticut allows a 90-day extension in qualifying medical malpractice cases so the required pre-suit investigation can be completed.

Unlike New York and New Jersey, Connecticut does not have a broad rule that automatically pauses an ordinary negligence statute of limitations simply because the injured person is a minor. Connecticut has separate extended deadlines for certain specific claims involving children, such as claims arising from sexual abuse.

Whether an exception applies depends on the type of injury, when it was discovered, the age and circumstances of the injured person, and who may be responsible. For that reason, a statute of limitations should not be calculated by relying on the standard filing period alone.

What Is a Statute of Repose?

A statute of repose creates a final deadline based on when a particular act or omission occurred. Unlike a statute of limitations, it may expire before a person discovers the full extent or cause of an injury.

Connecticut provides a useful example. Its general negligence law includes a two-year discovery-based period and a three-year limit from the act or omission. This means both dates may need to be considered when evaluating a claim.

Statutes of repose frequently appear in cases involving:

• Medical malpractice
• Defective products
• Construction defects
• Professional negligence
• Injuries discovered long after an event

The difference between a statute of limitations and a statute of repose can determine whether a lawsuit is still available.

What Happens If the Statute of Limitations Expires?

If the statute of limitations expires and no valid exception applies, you may lose the right to file a lawsuit.

The defendant can ask the court to dismiss a case that was filed after the deadline. If the court agrees, you may no longer be able to pursue compensation through that lawsuit, even if you otherwise had a valid personal injury claim.

This is why it is important to know which deadline applies to your case. The filing period can depend on the type of injury, where the accident happened, who caused it, and whether an exception or special notice requirement applies.

How Can an Injury Lawyer Help With the Statute of Limitations?

An injury lawyer can review the facts of your case and determine which filing deadlines may apply. This can be especially important when a case involves a government entity, an injured child, medical malpractice, or an injury that was not discovered right away.

An attorney can also help by:

• Determining when the statute of limitations began
• Identifying exceptions that may pause or extend the deadline
• Making sure required notices and court documents are filed on time
• Preserving evidence before records, videos, or other information disappear
• Gathering medical records, accident reports, witness statements, and other evidence
• Communicating and negotiating with insurance companies while protecting your right to file a lawsuit

It is also important to remember that insurance negotiations do not automatically pause the statute of limitations. You may be discussing a settlement with an insurance company while the legal filing deadline continues to run. Unless a valid legal exception or enforceable agreement changes the deadline, waiting for negotiations to finish could put your ability to file a lawsuit at risk. New York, New Jersey, and Connecticut each impose their own filing periods for personal injury claims.

Call Cellino Law Before the Deadline Passes

If you were injured because of someone else’s negligence, you do not want to find out too late that the deadline to file your claim has passed. The attorneys at Cellino Law can review your case, explain which statute of limitations may apply, and help you understand your legal options.

For a free case consultation, contact Cellino Law online or call us at 888-888-8888. There are no fees unless we win your case.