Every state imposes deadlines for filing spinal cord injury lawsuits. Missing the statute of limitations typically bars your claim forever, regardless of how strong your case or how devastating your injuries.
Understanding Statute of Limitations
The statute of limitations is the legal deadline for filing a lawsuit. After this deadline passes, defendants can have your case dismissed even if they were clearly negligent.
Why Time Limits Exist
- Preserves evidence while still available
- Protects defendants from stale claims
- Encourages timely resolution
When the Clock Starts
Generally, the limitations period begins:
- Date of injury—for most accident cases
- Date of discovery—when injury was or should have been discovered (medical malpractice)
- Date of majority—for minors (when child turns 18)
Typical Deadlines by Claim Type
Personal Injury Claims
Most states: 2-3 years from injury date
Examples:
- California: 2 years
- Texas: 2 years
- New York: 3 years
- Florida: 4 years
Medical Malpractice Claims
Often shorter deadlines: 1-3 years
- May run from date of discovery rather than date of malpractice
- May have outer limit regardless of discovery (statute of repose)
- May require certificate of merit before filing
Government Claims
Much shorter deadlines: Often 30-180 days for notice
Claims against government entities (cities, counties, states) typically require:
- Administrative notice—formal claim filed within weeks to months
- Specific requirements—content and format mandated by law
- Shorter suit deadline—even after notice, shorter time to file
Missing government notice deadlines is often fatal to claims.
Product Liability Claims
May have different deadlines than general personal injury:
- Discovery rule may apply
- Statute of repose may cut off claims after certain years
Special Circumstances
Minor Plaintiffs
Statute of limitations is typically tolled (paused) for minors:
- Clock usually starts when child turns 18
- May have additional years after reaching majority
- Parents' claims may have different deadlines
Mental Incapacity
Some states toll limitations for plaintiffs who are mentally incapacitated:
- Must meet legal definition of incapacity
- Clock may start when capacity returns
- May have outer time limits regardless
Discovery Rule
In some cases, limitations begin when injury is discovered:
- Medical malpractice where injury wasn't immediately apparent
- Toxic exposure cases
- Hidden defects
Continuing Treatment
Some states extend limitations during ongoing treatment with the defendant physician.
Consequences of Missing Deadlines
Missing the statute of limitations typically means:
- Complete loss of right to sue
- No exceptions for severity of injury
- No exceptions for clear defendant liability
- Potential malpractice claim against attorney who let deadline pass
Protecting Your Rights
Immediate Steps
- Consult an attorney promptly—don't wait to approach deadlines
- Document the injury date—establish when limitations began
- Identify all potential defendants—each may have different deadlines
- Determine if government entities are involved—much shorter deadlines
Why Earlier Is Better
Even with time remaining, filing sooner is advantageous:
- Evidence is fresher and more available
- Witnesses' memories are clearer
- Defendants' insurance is more accessible
- Allows thorough case development
State-by-State Variations
Limitations periods vary significantly:
- Personal injury: 1 year (some states) to 6 years (Maine)
- Medical malpractice: 1-3 years with various modifications
- Government claims: 30 days to 2 years depending on jurisdiction
Always verify the specific deadline for your state and claim type.
Conclusion
Statute of limitations is among the most important issues in any spinal cord injury case. Missing deadlines can permanently destroy valid claims worth millions of dollars. Contact an attorney as soon as possible after injury to ensure your rights are protected.