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

In Virginia you generally have two years from the date of injury to file a personal injury lawsuit. In Washington, DC and New York you generally have three. Those are the headline numbers, and they are also the numbers that cause the most trouble, because the real deadline in your case may be much shorter. Claims against a city, a hospital, or a deceased person’s estate carry their own clocks, and a missed deadline ends a claim no matter how strong the facts are.

The personal injury statute of limitations in each state

The statute of limitations is the deadline for filing a lawsuit in court. It is not the deadline for calling an insurer, and it is not extended by negotiating. In Virginia, most claims for bodily injury must be filed within two years of the injury. In the District of Columbia and in New York, the general period is three years. The clock normally starts on the date you were hurt, not the date you realized the injury was serious. Some jurisdictions apply a discovery rule in limited situations, such as certain exposure cases or a foreign object left inside a patient, but you should never assume it applies to you.

Our personal injury team treats the general statute as the outer boundary, then looks for every shorter deadline that could apply to the particular defendant.

Shorter deadlines that override the general rule

The general period is only the starting point. Several categories of claim are governed by their own timing rules, and these are the ones people miss.

• Government defendants: New York requires a notice of claim against a city, county, or other municipal body within 90 days of the incident. The District of Columbia requires written notice to the Mayor within six months for claims against the District. Virginia requires written notice within six months for claims against a county, city, or town, and claims against the Commonwealth under the Virginia Tort Claims Act have a one-year notice requirement. Missing the notice deadline usually ends the claim even though the lawsuit deadline has not arrived.
• Medical malpractice: New York’s period for malpractice is two years and six months, shorter than its general injury period. Virginia and DC have their own rules for when a malpractice claim accrues and how long it can be extended. Our medical negligence page addresses these cases.
• Death: when an injury causes death, the claim becomes a wrongful death action, which in Virginia, DC, and New York runs two years from the date of death. We cover that separately in our post on how long you have to file a wrongful death lawsuit.
• Insurance policy deadlines: uninsured motorist coverage, medical payments coverage, and New York no-fault benefits all have notice requirements written into the policy. New York’s no-fault application is generally due within 30 days of the accident.

Why negotiating with the insurer does not stop the clock

A common and costly misunderstanding is that opening a claim with the insurance company preserves your rights. It does not. The adjuster may exchange letters with you for a year, request records, and make a low offer, and none of that pauses the statute. Some adjusters are perfectly willing to keep talking until the deadline passes, at which point your bargaining position is zero. Our post on mistakes that weaken a personal injury claim covers this and several related traps.

The practical rule: if you are within a few months of the deadline and the claim is not settled, a lawsuit has to be filed to protect it. Filing does not mean the case cannot still settle; most do, after suit.

When the clock can be paused

Tolling rules pause the statute in defined situations. Most jurisdictions pause the period for a child until the child turns 18, though government notice requirements and medical cases can carve out exceptions, so parents should not rely on tolling without checking. Incapacity can toll the period. A defendant who leaves the state or hides from service can trigger tolling in some circumstances. A bankruptcy filing by the defendant stops the claim entirely until the bankruptcy court lifts the stay.

Tolling is an argument, not a guarantee. If there is any way to file within the ordinary period, file within the ordinary period.

What to do if your deadline is close

First, confirm the date of injury and the identity of every potential defendant, because the deadline may differ for each. Second, gather the records you already have: the crash or incident report, medical records, bills, and any correspondence with insurers. Third, get advice immediately. A complaint can be drafted and filed in days when necessary, but the attorney needs enough facts to name the right parties and plead the right claims. Filing against the wrong entity, or leaving out a defendant you discover later, can be as damaging as not filing at all.

If your injury happened more than a year ago in Virginia, or more than two years ago in DC or New York, treat the matter as urgent today.

If you are unsure which deadline governs your injury, a consultation with Capitol Law Partners can confirm the date and the steps needed to protect the claim. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Sena Sahin. Clear advice for individuals, families, and business owners.

Need help with this topic? See our personal injury claims page or schedule a consultation.