Every state imposes deadlines for filing personal injury lawsuits. Statutes of limitations bar claims filed after these deadlines expire—no matter how strong the case. Understanding applicable deadlines for delivery van accident claims is essential for preserving your right to compensation.
General Personal Injury Deadlines
Most states allow two to four years to file personal injury lawsuits from the date of injury. Deadlines vary significantly by state:
Two-year states include California, Georgia, Ohio, Pennsylvania, and Texas. Three-year states include Colorado, Maryland, New York, and South Carolina. Longer periods (4-6 years) apply in some states like Maine, North Dakota, and Wyoming.
Verify the deadline in your specific state—don't assume a standard applies.
Property Damage Deadlines
Claims for property damage (vehicle repair, personal property) may have different deadlines than personal injury claims. Some states have shorter property damage limitations. File all claims together to avoid missing different deadlines for injury versus property damage.
Wrongful Death Deadlines
Wrongful death claims often have separate—and sometimes shorter—statutes of limitations. These may run from the date of death rather than the date of the accident, depending on the state. Family members considering wrongful death claims should consult an attorney immediately.
Federal Claims (USPS)
Accidents involving USPS mail trucks require filing an administrative claim under the Federal Tort Claims Act within two years of the accident. This federal deadline cannot be extended. After administrative claim denial (or six months without response), you have six months to file a federal lawsuit.
Government Entity Claims
If the delivery vehicle was operated by or for a government entity, special notice requirements apply. Government claims typically require notice within 30 to 180 days—far shorter than regular limitations periods. Missing government notice deadlines can bar claims entirely.
Discovery Rule
The discovery rule may delay the start of the limitations period until you knew or should have known about your injury. This rule mainly applies to injuries that weren't immediately apparent. For typical delivery van accidents with immediate obvious injuries, the clock usually starts on the accident date.
Tolling for Minors
Statutes of limitations are typically tolled (paused) for minor children until they reach adulthood. Children injured in delivery van accidents may have until years after turning 18 to file claims. However, parents may need to act sooner to protect other family claims.
Mental Incapacity
Limitations may be tolled for plaintiffs who are mentally incapacitated and unable to manage their affairs. Severe brain injuries from accidents might qualify for tolling until capacity is restored.
Consequences of Missing Deadlines
Filing after the statute of limitations expires results in case dismissal. Courts strictly enforce these deadlines with very limited exceptions. You lose all right to compensation regardless of how clear liability is or how serious your injuries are.
Insurance Claim Deadlines
Separate from lawsuit deadlines, insurance policies have their own notice and claim requirements. Report accidents to your insurance company promptly to avoid coverage disputes. Policy deadlines for notifying insurers are usually much shorter than lawsuit limitations.
Practical Guidance
Don't wait until deadlines approach to act. Consult an attorney soon after any delivery van accident. Early action allows time to gather evidence while it's fresh, investigate thoroughly before filing, attempt pre-suit settlement, and meet all applicable deadlines comfortably.
Delaying consultation can only hurt your case. Evidence disappears, witnesses forget, and deadlines may sneak up. Protect your rights by acting promptly.