Spinal injuries can arise in all sorts of circumstances: motor vehicle accidents, slips and falls, workplace incidents, sports injuries etc. Some spinal injuries are obviously going to be a very serious injury at the time of occurrence, others can be quite insidious and may not be apparent at the time, but can result in very serious long term consequences such as chronic pain, loss of mobility and permanent nerve damage.
These injuries invariably require a sustained programme of medical treatment, physiotherapy and long term lifestyle changes which have a massive financial and emotional impact on the victims and their families.
Whatever the area of your spinal injury (cervical, thoracic, lumbar or sacral) the symptoms can be quite complex and in many cases the delayed spinal symptoms won’t present themselves until weeks or indeed months after the incident. That’s why it’s so important to understand your legal rights as early as possible and to act promptly.
Why You Must Act Quickly: The Statute of Limitations for Spinal Injury Lawsuits Could Block Your Right to Sue
In many instances a spinal injury claim will be the only way to get compensation for your medical bills, lost earnings and other damages. The problem is that you have a very limited time in which to file a claim. There are strict time limits (statutes of limitation) in relation to the filing of a spinal injury claim and if you miss that window you’ll lose your right to compensation completely.
This is an excellent guide which gives a very clear and comprehensive overview of the various time limits applicable to spinal injury claims throughout the US. It covers the relevant time limits in the case of claims arising from negligence, claims in the case of malpractice and claims in the case of a claim against a government employee. It’s all very useful in terms of helping you to know what your options are and what the next steps are in the correct circumstances.
Statute of Limitations for Spinal Injury Claims: Overview
Spinal injuries can have a life changing impact, but the time in which you can take legal action is not infinite. There is a time limit in which to bring a claim, known as the statute of limitations.
In the majority of cases the SOL starts on the date of the injury. The full extent of the spinal damage is not always apparent at the time of the injury though. Symptoms such as nerve pain, loss of mobility, or complications from surgery may not be apparent until some time later and that makes things very difficult for the victim in terms of protecting their rights.
Why Courts Enforce Filing Deadlines Strictly
Despite these challenges, the law generally favors prompt legal action. Statutes of limitations exist to:
- Ensure evidence remains fresh
- Maintain the availability of witnesses
- Protect defendants from indefinite legal uncertainty
This is a very difficult reality for spinal injury sufferers. If your symptoms are getting progressively worse over time then you may find yourself in a position where you can’t go on to claim compensation.
Key Factors That Affect Your Spinal Injury Claim Filing Deadline
It’s also vital to bear in mind that the statute of limitations is different in every case. The actual time limit within which you can bring a spinal injury claim will depend on:
- Your state’s laws
- The type of injury claim (e.g., personal injury vs. medical malpractice)
- Who the defendant is (private person vs. government agency)
- Any applicable exceptions, such as the discovery rule or tolling provisions
Each of those variables can have a massive effect on the amount of time you actually have and whether or not you can still get a claim.
Talk to a Lawyer to Protect Your Right to Sue for Compensation
As the rules will vary so dramatically from state to state, claim type and the parties involved, it’s absolutely vital that you get in touch with a qualified personal injury lawyer as soon as possible. They’ll be able to assess your case, work out the relevant time limits and make sure your rights are protected before the clock runs out.
What is the average statute of limitations for a spinal cord injury lawsuit?
The vast majority of states have a 2-3 year filing deadline for spinal cord injury claims. That period will of course vary from state to state, will depend on the type of claim (personal injury vs medical malpractice for instance) and will also be subject to any applicable exceptions (e.g. tolling, the discovery rule etc).
Exceptions to the Statute of Limitations for Spinal Injury Lawsuits
1. The Discovery Rule: When the Clock Starts Later
In many states the clock doesn’t start until the injury is discovered or reasonably should have been discovered. That’s particularly important in the spinal case where you’ve got slow developing nerve damage or post-op complications.
This is of particular importance in the case of spinal injuries where damage to the nerves or post-op complications may arise slowly and not be obvious at the outset.
The discovery rule recognises the complexity of these injuries and gives the victim a fair opportunity to pursue a claim once they have become aware of the injury.
This approach ensures that people aren’t unfairly excluded from claiming compensation where their injuries don’t appear until some time later. The discovery rule will of course be applied in a different way in different jurisdictions and establishing the date of discovery will often require a lot of documentation and expert evidence.
2. Tolling Provisions: Legal Pauses That Extend Your Deadline
This infographic looks at the key tolling exceptions which may suspend the running of the limitation period in a spinal injury claim (e.g. where the claimant is a minor, where there is mental incapacity or where there is fraudulent concealment).
Tolling provisions are essentially a legal mechanism which will suspend the statute of limitations for a period of time in certain circumstances. They are of particular relevance in spinal injury cases where there may be a delay in the discovery of the injury or a delay in the plaintiff being able to pursue the claim.
Common scenarios where tolling may apply:
- The injured party is a minor (under 18): the statute of limitations is frequently stayed until they reach the age of majority.
- The victim is mentally incapacitated. If they’re deemed legally incompetent the clock may not start until they’re deemed competent.
- The defendant concealed the injury (fraudulent concealment) – if the defendant deliberately conceals the cause or existence of the injury then tolling may apply until the fraud is discovered.
However the courts are very reluctant to apply those exceptions and the onus is absolutely on the plaintiff to prove that the tolling provisions should apply in their particular case. That’s going to require a lot of evidence and a lot of legal skill.
It’s absolutely vital that anyone suffering a spinal injury gets legal advice right away to ensure that all the potential tolling routes are properly explored and that their rights are protected within the time limits.
Federal Statutes of Limitations for Spinal Injury Claims
While the vast majority of spinal injury cases are dealt with under state law there are certain circumstances in which you have to bring the case under federal jurisdiction and that brings with it a different statute of limitations.
Federal Tort Claims Act (FTCA)
Federal frameworks (the Federal Tort Claims Act being the prime example) have specific time limits for claims against the federal government. State law is of course very different in respect of personal injury and medical malpractice claims.
If your spinal injury was the result of a federal employee (for example during surgery at a VA hospital) you will have to go down the FTCA route:
- Administrative claim deadline: 2 years from the date of injury (or discovery)
- Civil lawsuit deadline: Within 6 months of receiving a written denial of the administrative claim
- Failure to first complete the administrative step prevents access to federal court.
Section 1983 Claims
Otherwise claims against a government entity will often be subject to very strict notice requirements which will in turn complicate the process.
If the spinal injury was the result of a state actor (e.g. police excessive force, prison neglect) you may have a claim under 42 U.S.C. § 1983 for the violation of your constitutional rights. Those are filed in federal court and are subject to the state’s personal injury statute of limitations.
Find out about your legal rights and your filing deadlines when you’re contemplating a lawsuit against a government entity in our guide to the Statute of Limitations for Police Misconduct lawsuits.
Spinal Injuries on Federal Property
For spinal injuries occurring on government property (e.g. an accident in a National Park or on the U.S. Capitol Building) the FTCA rules still apply. If however the injury was caused by an independent contractor or a private third party operating on federal land then state law will apply.
Statute of Limitations: Suing a Private Individual or Business vs. a Government Entity for a Spinal Injury
When you’re going down the route of litigation for spinal injuries the difference between suing a private individual and a government body is absolutely critical in terms of the process and the timescales involved. We can broadly categorise them as:
Private Party (Driver, Business, Doctor)
When the defendant is an individual or a private entity then the normal personal injury or malpractice statutes apply. The clock starts on the date of the incident or the date on which the injury was discovered.
Government Entity (City Bus, Public Hospital)
If the defendant is a Government agency or employee you’ll usually be required to file an administrative notice of claim first (so called as it’s an administrative notice) typically within 90 to 180 days of the injury depending on the state. If you don’t do that, the court may well just refuse to allow your case to go forward.
Examples:
- California: Notice of claim within 6 months, lawsuit within another 6 months after rejection
- New York: 90 days to file a Notice of Claim; 1 year and 90 days to sue
- Georgia: 6 to 12 months for ante litem notice, depending on the level of government
The vast majority of states will require that an admin notice be served within a very short time window (usually 90 to 180 days from the date of injury). That notice is a prerequisite to any legal action and if you fail to serve it you can find yourself with the court simply dismissing your case.
State Laws and Statute of Limitations for Filing Spinal Injury Lawsuits
The time limit for bringing a spinal injury claim (the statute of limitations) is different in every state. It will vary depending on the type of claim and the facts of the particular case.
The general rule is that the time limit for a spinal injury claim is between 1 and 6 years, although of course that will vary depending on a number of factors.
- The cause of the injury (e.g., auto crash vs. surgical error)
- The state’s general personal injury statute
- Special rules for medical malpractice, minors, or government defendants
Spinal injuries arising out of an auto crash are generally covered under the state’s general personal injury statute, whereas spinal injuries arising out of surgical error are governed by the special rules applicable to medical malpractice in terms of time limits.
Statute of Limitations for Spinal Injury Lawsuits by U.S. State
This table sets out the statute of limitations for spinal injury claims in all 50 states and Washington D.C. It provides the general time limits for both personal injury and medical malpractice claims in relation to spinal cord injuries.
Statute of Limitations for Spinal Injury Lawsuits by U.S. State
| State | Personal Injury | Medical Malpractice |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 3 years | 2 years |
| California | 2 years | 3 years from injury or 1 year from discovery |
| Colorado | 2 years | 2 years |
| Connecticut | 2 years | 2 years |
| Delaware | 2 years | 2 years (3 with discovery) |
| District of Columbia | 3 years | 3 years |
| Florida | 2 years | 2 yrs |
| Georgia | 2 years | 2 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 2 years | 2 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 2 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 1 year |
| Louisiana | 1 year | 1 year |
| Maine | 6 years | 3 years |
| Maryland | 3 years | 5 years or 3 years from discovery |
| Massachusetts | 3 years | 3 years |
| Michigan | 3 years | 2 years |
| Minnesota | 2 years | 4 years |
| Mississippi | 3 years | 2 years |
| Missouri | 5 years | 2 years |
| Montana | 3 years | 3 years |
| Nebraska | 4 years | 2 years |
| Nevada | 2 years | 3 years |
| New Hampshire | 3 years | 2 years |
| New Jersey | 2 years | 2 years |
| New Mexico | 3 years | 3 years |
| New York | 3 years | 2.5 years |
| North Carolina | 3 years | 3 years |
| North Dakota | 6 years | 2 years (6 max) |
| Ohio | 2 years | 1 year |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 2 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 2 years |
| South Carolina | 3 years | 2 years |
| South Dakota | 3 years | 2 years |
| Tennessee | 1 year | 1 year |
| Texas | 2 years | 2 years (10-year repose) |
| Utah | 4 years | 2 years |
| Vermont | 3 years | 3 years |
| Virginia | 2 years | 2 years |
| Washington | 3 years | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 3 years |
| Wyoming | 4 years | 2 years |
Statute of Limitations for Different Types of Spinal Injury Claims
The nature of your spinal injury claim will determine which statute applies. Each category also brings its own set of complications in terms of establishing causation, damages and potential third party liability. A product liability claim for example may involve a number of defendants in a number of jurisdictions and tolling may be relevant if the defect was in fact concealed.
Statute of Limitations for Spinal Injury Lawsuits by Cause of Injury
This table sets out the normal statute of limitations for spinal injury claims depending on the cause of the injury. It covers the various legal theories and the general time limits for filing claims in the case of car accidents, slip and falls, medical malpractice, defective products and intentional torts (e.g. assault and battery).
Statute of Limitations for Spinal Injury Lawsuits by Cause of Injury
| Cause of Injury | Typical Legal Theory | Time Limit |
|---|---|---|
| Car or truck crash | Negligence | Typically 2–4 years, most commonly 2 years |
| Slip and fall | Premises liability | Generally 2–3 years, depending on state law |
| Botched surgery | Medical malpractice | Usually 1–3 years, often 2 years with discovery rule exceptions |
| Defective wheelchair | Product liability | Typically 2–4 years, sometimes limited by a statute of repose |
| Assault and battery | Intentional tort | Often shorter, 1–2 years, depending on the jurisdiction |
- Statute of Repose in Product Liability: In certain states, even if an injury occurs years after a product is made, you may be unable to file a claim if the product was sol
- Assault versus negligence timelines: injuries resulting from an intentional act (i.e. battery) may be subject to shorter time limits than injuries arising from an accident. This is a very important point when you’re looking at spinal trauma as a result of a violent incident.onal accidents, a critical consideration for spinal trauma from violent incidents.
Legal Consequences of Missing the Deadline
Missing the statute of limitations to bring a spinal injury claim is a fatal error with absolutely no remedy. The courts are very much in a position to enforce the statute of limitations and if you miss it your claim will be dismissed ‘with prejudice’.
What happens then?
- Lawsuit is dismissed ‘with prejudice’.
- You lose the right to any financial recovery
- Insurance companies no longer have to negotiate at all. Effectively that’s put the lid on any possibility of compensation.
- No settlement, even if liability is clear
FAQs About the Statute of Limitations for Spinal Injuries
Yes, you may still be able to sue even if your spinal injury symptoms appeared months after the incident. Many states apply the “discovery rule,” which allows the statute of limitations to begin when the injury is discovered or reasonably should have been discovered, not necessarily on the date of the accident.
This rule is especially important for spinal injuries, as symptoms like nerve damage or chronic pain can take time to emerge. However, deadlines vary by state, so consult an attorney promptly to protect your rights.
If your spinal injury occurred at a Veterans Affairs (VA) hospital, your claim falls under the Federal Tort Claims Act (FTCA). This law requires you to first file an administrative claim with the VA within 2 years of the injury (or when it was discovered).
If the VA denies the claim or fails to respond within 6 months, you then have 6 months to file a federal lawsuit. Failing to follow this process or missing these deadlines can permanently bar your claim.
The shortest deadline to file a spinal injury lawsuit is typically 1 year, as seen in states like Tennessee, Kentucky, and Louisiana.
Additionally, if you’re suing a government entity, you may need to file a notice of claim within as little as 30 to 90 days.
Because these time limits vary by state and defendant type, it’s crucial to act quickly and consult a lawyer to avoid missing your legal window.
Get Pre-Settlement Funding on Your Spinal Injury Lawsuit with Express Legal Funding
A spinal injury is a massive blow in every sense of the word, particularly when your case is still in court. The cost of such an injury can be absolutely staggering. You’ve got hospital bills, physio, lost earnings, mobility equipment etc etc etc. It all adds up very quickly. We know what it’s like at Express Legal Funding.
That’s where we can help.
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We provide fast and affordable financial support to help you:
- Pay for essential living expenses while you recover
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Whatever the area of your injury (cervical, thoracic, lumbar or sacral) we have a lawsuit cash advance programme in place to suit the nature and strength of your case. We work directly with your solicitor to assess your claim rapidly and get you the cash, typically within less than 24 hours of approval.
Apply for Pre-Settlement Funding Today
Don’t let financial stress worsen an already difficult situation. Contact Express Legal Funding today to find out how much cash you could receive while waiting for your spinal injury case to settle.
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