Deadline to Sue

“Deadline to Sue” by Personal Injury Attorney Daniel Willis

How long do I have to sue:

No one-size-fits-all answer exists. Every state has its own time limits, called statutes of limitations, and even within a state, the period of time within which you must file a lawsuit varies according to the type of claim. For example, laws in one state may allow a plaintiff with a personal injury claim one year from the date of injury to file suit and a plaintiff with a breach of contract claim four years from the date of breach to sue. In another state, personal injury plaintiffs may have two years to sue, and plaintiffs with breach of contract claims may have five years.

When does the clock start ticking?

Once you’ve figured out what statute of limitations applies to your case, your next step is to determine when the clock starts ticking. In most situations,  the statute of limitations starts to run on the “date of harm” — that is, on the date when you were injured.

In some states, an exception to this general rule exists. The exception protects plaintiffs in situations where they may not be aware for months or even years that they have been harmed.  In such situations, the clock starts ticking either on the “date of discovery” of the harm or on the date on which the plaintiff “should have discovered” the harm. In short, in some states the statute of limitations clock may start ticking at three different times.

Contact a lawyer today.

It is extremely important that you contact an attorney today to ensure that your rights are preserved.  If you file your lawsuit too late, you risk waiving any rights that you have, leaving you no compensation for your injuries.

If you or someone you know has been injured, please contact us by phone or email today.  We would love to meet with you.