How Long Do I Have to File a Claim?

If you need to file a lawsuit, knowing the timeframe for doing so is crucial. Missing the deadline can mean losing your right to compensation, regardless of how strong your case is. Morgan & Morgan can help assess your claim and determine how much time you have to file. Even if you think you’ve missed the deadline, it’s worth contacting us to explore your options.

What Is the Statute of Limitations?

The statute of limitations is the timeframe you have to file a lawsuit in your state. This period usually starts on the date of the incident or when you discovered your injury. Filing a lawsuit after this period typically results in your case being dismissed.

Each state has its own statutes of limitations for different types of cases. For personal injury claims, the timeframe can vary so it’s important to consult an attorney as soon as possible to understand the specific deadlines in your state and ensure you don’t miss your opportunity to file.

Factors That Can Affect the Statute of Limitations

In some cases, the statute of limitations can be extended or "tolled," meaning the clock is temporarily stopped. Reasons for this can include:

• Discovery of Injury: The plaintiff did not discover the injury until after the statute had expired.
• Minor Status: The victim was a minor and unable to file a lawsuit.
• Mental Incapacity: The plaintiff was mentally incompetent or incapacitated.
• Defendant’s Absence: The defendant was out of state or out of the country.
• Incarceration: The plaintiff was in prison.

Filing Claims Against the Government

When filing a claim against a government entity, the timeframe may be much shorter, often requiring a notice of claim within 60 or 90 days. Always consult an experienced attorney to navigate these specific requirements.

Complicated Cases

Certain cases can be tricky when determining the statute of limitations. If your claim involves multiple legal actions, such as medical malpractice, breach of contract, and wrongful death, different statutes of limitations might apply. In these situations, it’s best to file within the shortest time frame.

Out-of-Court Settlements

Insurance companies can sometimes drag out pre-suit negotiations, bringing you close to the statute of limitations deadline. Filing a lawsuit while negotiating can protect your rights and ensure you don't miss the deadline.

Morgan & Morgan Is Here to Help

If you need to file a personal injury claim or another type of legal dispute, don’t wait too long to seek professional legal advice. Knowing how long you have to file a claim is critical for getting the compensation you deserve.

At Morgan & Morgan, we’ve recovered over $20 billion for our clients. We can guide you through your options, file your lawsuit in time, and help you get the compensation you deserve. Contact us for a free case evaluation today.