This tool provides general reference information only. Statutes of limitations change, and multiple exceptions — the discovery rule, minor tolling, government entity claims deadlines, MICRA — affect the actual deadline in any specific case. This is not legal advice. Consult a licensed attorney before relying on any deadline to determine whether your claim is timely.
Construction Accident Filing Window Reference
How to Use This Tool
Use the dropdown or search field to select your state. The tool displays the general construction accident limitations period for that state with a citation to the governing statute. For California, the tool also shows the government claims six-month deadline, the MICRA malpractice framework, and the minor tolling rule under Code of Civil Procedure § 352.
The results are a starting point for understanding the general filing window — not a final determination of your specific deadline. A licensed attorney in your state can analyze the specific circumstances of your case to determine the actual applicable period.
Frequently Asked Questions
The tool reflects the general construction accident statute of limitations for each state based on the primary governing statute. It does not account for case-specific exceptions — the discovery rule, minor tolling, government claims deadlines, or the many fact-specific circumstances that can alter the applicable period in a specific case. Always confirm the applicable deadline with a licensed attorney in your state before relying on any SOL calculation.
California Code of Civil Procedure § 335.1 provides two years from the date of injury for most construction accident claims. Key exceptions: government entity claims require an administrative filing within six months under the Government Claims Act; medical malpractice claims operate under MICRA’s one-year-from-discovery or three-year-from-act framework; and the limitations period is tolled for minor victims until they turn 18 under § 352.
Kentucky and Louisiana each have a one-year construction accident statute of limitations, the shortest in the United States. Tennessee also has a one-year period. If you were injured in any of these states — or if you are a California resident injured while traveling in one of these states — the one-year deadline requires immediate action.
Yes, significantly. California’s Government Claims Act requires an administrative claim within six months — a much shorter deadline that applies to all government entity defendants and must be completed before any civil lawsuit. Government entity SOL rules vary by state; many states have shorter administrative claim requirements similar to California’s. The SOL Reference Tool notes California’s government claims requirement specifically because it is the most commonly missed California deadline in construction accident practice.
The court dismisses the case as a matter of law without examining the merits. This dismissal is permanent — there is no equitable exception based on the strength of the underlying claim or the severity of the injury. The plaintiff permanently loses the right to seek court-ordered compensation for that claim. The attorney who missed the deadline faces a malpractice exposure. This outcome is irreversible, making the SOL the single most important procedural deadline in any construction accident case.
No. This tool provides general educational reference information about statutory limitations periods. It does not constitute legal advice, does not establish an attorney-client relationship, and does not determine the applicable deadline for any specific case. The actual deadline in your situation depends on the specific facts, the applicable exceptions, and the current state of the law in your jurisdiction. Consult a licensed attorney for a determination specific to your situation.
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