If a lawsuit is not brought within that time period, the right to sue is lost. The statute of limitations for a personal injury lawsuit is usually very short, as brief as one, two, or three years depending upon the state and the type of injury suffered. Measuring the period of limitations for a particular situation can be a complex issue. If a person suffers a hidden injury, the discovery rule may apply. Under the discovery rule, the period of limitations begins to run from when the person who is injured knew, or should have known, that they were injured.
Special rules apply in measuring the period of limitations when a child is injured.
In many states, the period of limitation does not begin to run for an injury until the child reaches adulthood, usually 18 years of age. These special rules may also apply to people who are mentally impaired or who leave the state for particular kinds of reasons such as for military service. From State to State Generally, personal injury law was derived from the judge-made common law system that this country inherited from England. State legislatures and the U.S. Congress have modified this judge-made common law. As a result, personal injury law now encompasses principles from both from the common law and many state and federal statutes.