When the unexpected happens—a car crash, a surgical mistake, or the sudden loss of a loved one—you may feel lost, hurt, and overwhelmed. You may also wonder how long you have to act before it’s too late. Understanding the statutes of limitations for every type of personal injury case is the first step to protecting your rights and seeking justice. These deadlines are legally enforced, and missing them can mean permanently losing your chance to seek compensation. Let’s break it down by case type and state, and uncover what the law truly says.
What Is a Statute of Limitations in Personal Injury Cases?
A statute of limitations is the legal time limit you have to file a lawsuit after an injury occurs. Once this limitation deadline passes, your right to file most personal injury lawsuits is gone.
These timeframes vary by state.
They also vary depending on the type of injury claim.
Some exceptions can extend or shorten the limitations clock.
For example, if you were injured by a government employee or government vehicle, special rules apply. Or if you didn’t know you were harmed until later, the discovery rule might allow you more time. Either way, timing is crucial.
California: Understanding Personal Injury Statutes and Exceptions
In California, most personal injury cases must be filed within two years from the date the injury occurs.
Personal injury claim: 2 years from the date of the injury (California Code of Civil Procedure §335.1).
Medical malpractice cases: 1 year from the date you discover the injury or 3 years from the date of injury, whichever comes first (California Code of Civil Procedure §340.5).
Wrongful death lawsuits: 2 years from the date of death (California Code of Civil Procedure §335.1).
Exceptions that may toll (pause) the deadline include:
The injured party is mentally incapacitated or a minor.
The injury was not discovered right away (discovery rule).
A foreign object was left in the body during surgery.
For claims involving a government entity, such as a city bus accident, an administrative claim must be filed within 6 months (California Government Code §911.2).
Nevada: Deadlines and the Discovery Rule in Practice
Nevada also has strict time limits for personal injury lawsuits. In general:
Personal injury (including car accidents): 2 years from the date of the injury (Nevada Revised Statutes NRS 11.190(4)(e)).
Medical malpractice claims:
For incidents before October 1, 2023: 1 year from the date the injury is discovered or should have been discovered, and no more than 3 years from the injury itself.
For incidents on or after October 1, 2023: 2 years from the date the injury is discovered or should have been discovered and still no more than 3 years from the injury itself.
(NRS 41A.097, as amended in 2023)
Wrongful death: 2 years from the date of death (NRS 11.190(4)(e)).
Nevada recognizes the discovery rule, which helps victims who were not immediately aware of their injury. For instance, if a doctor fails to diagnose cancer, the limitations clock may begin when the cancer is finally discovered.
If the injury involves a government agency, including any local department, you are not required to file an administrative claim before suing, but if you do, it must be filed within 2 years of the injury (NRS 41.036).
Unlike other states, Nevada does not require a claim to be filed first as a condition to sue, but timely notice is still recommended.
Colorado: Varying Deadlines for Different Injury Claims
Colorado’s statute of limitations varies depending on the situation:
General personal injury: 2 years from the date the injury occurs (Colorado Revised Statutes §13-80-102).
Car accidents: 3 years from the date of the accident (CRS §13-80-101).
Medical malpractice: 2 years from the date the injury is discovered or should have been discovered, with a hard cap of 3 years (CRS §13-80-102.5).
Wrongful death: 2 years from the date of death (CRS §13-80-102). Exception: If the death was caused by a vehicular homicide or hit-and-run, the statute of limitations is extended to 4 years (C.R.S. §13-80-102(2)).
Special considerations include:
Victims who are mentally disabled or minors may receive extensions.
The discovery rule may apply if harm isn’t evident immediately.
The statute can be tolled if continuous treatment delays discovery.
Injury involving a government entity in Colorado follows the Colorado Governmental Immunity Act (C.R.S. §24-10-109).
A written notice of claim must be filed within 182 days (about 6 months) of discovering the injury. This notice is mandatory and jurisdictional—missing it can permanently bar your right to sue, even if the regular statute of limitations hasn’t expired.
Why These Deadlines Matter for Your Personal Injury Case
Every day that passes brings you closer to a limitations deadline. Whether it’s medical bills piling up, or worsening symptoms from a delayed diagnosis, your time to take legal action shrinks.
If you miss a deadline, you may lose your case entirely.
It becomes much harder to seek compensation after limitations expire.
Your personal injury lawyer needs time to gather evidence, interview witnesses, and review records.
If you wait too long, valuable details may vanish, making even the strongest injury lawsuits difficult to win. When you understand these laws, you protect your future in a personal injury case.
Exceptions That Can Extend or Shorten the Time Limits
Some state law exceptions pause or alter deadlines. These include:
Discovery Rule: If you weren’t aware of your injury or its cause, the clock may start at the point of discovery.
Mental incapacity: If the injured person is mentally disabled or mentally incapacitated, most states will pause the time limit.
Minors: In most personal injury cases, if the victim is under 18, the deadline may not begin until adulthood.
Nevada Medical Malpractice: The court requires children with brain injuries or birth defects to file by age 10. If the injury causes sterility, they must file within 2 years of discovering it. Nevada applies tolling differently depending on the injury and the child’s circumstances.
Colorado Medical Malpractice: Children under age 6 have until their 8th birthday. Children over 6 may get tolling until age 18, then 2 more years to sue, depending on the facts.
Continuous treatment: Especially in medical malpractice, ongoing care may delay the filing window.
Same illness: If the harm comes from a repeated mistake (like mismanaging the same illness), courts may extend the time.
Understanding these exceptions can be the difference between winning and losing your case.
Filing Claims Against Government Entities
When suing the government, unique rules apply. You must usually:
File an administrative claim first.
Do it within a shorter timeframe than private cases.
Wait for the agency’s response before filing a lawsuit.
For example, in California and Nevada, you typically must file within 6 months. In Colorado, the notice period is governed by the Colorado Governmental Immunity Act.
Failing to file correctly or within these strict limits can void your legal rights entirely. That’s why it’s crucial to seek legal advice from a personal injury lawyer experienced in legal disputes involving public entities.
Legal Options and Protecting Your Rights
Different statutes and different deadlines make filing complex. But knowing your options can ease anxiety.
A confidential consultation with a lawyer can reveal your full legal options.
You may not need to pay legal fees upfront, as most personal injury attorneys work on a contingency fee basis.
Your attorney will evaluate if someone else’s negligence caused your suffering.
Whether you’re dealing with a car wreck, surgery gone wrong, or a loved one’s death, you deserve answers. And time is ticking.
We’re Here For You
Statutes of limitations vary, but they all have one thing in common: they expire. That means if you don’t act within the period set by state statute, you may permanently lose your right to seek compensation.
Each state has laws that are both protective and restrictive. The key is knowing when and how they apply. Don’t try to navigate these complexities alone. Your case deserves clarity and strategy
At Bourassa Law Group, we help victims navigate the maze of injury law with compassion and precision. If you or a loved one has been harmed, contact us today for a free consultation.
1-800-870-8910