Every state sets deadlines for filing dog bite claims. Missing the statute of limitations permanently bars your lawsuit—no matter how strong your case. Understanding these deadlines and exceptions helps ensure you protect your legal rights.
What Is the Statute of Limitations?
The statute of limitations is the legal deadline for filing a lawsuit. Once this deadline passes, you lose the right to sue—the court will dismiss your case regardless of its merits. Statutes of limitations exist to ensure cases are filed while evidence is fresh and witnesses' memories are reliable.
Dog Bite Deadlines by State
Dog bite claims typically fall under personal injury statutes of limitations. Most states allow two to three years from the date of the bite, though some allow more or less time:
One year: Kentucky, Louisiana, Tennessee
Two years: Alabama, Alaska, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia
Three years: Arkansas, Colorado, Maryland, Massachusetts, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin
Four years: Florida, Nebraska, Utah, Wyoming
Six years: Maine, North Dakota
These periods may vary for specific circumstances—always verify the current deadline for your situation.
When the Clock Starts
The limitations period typically begins on the date of the dog bite. This is usually straightforward—you know exactly when you were bitten. However, some complications can arise:
Delayed discovery: In rare cases where injuries aren't immediately apparent (such as infections that develop days later), the clock may start when you knew or should have known about the injury.
Continuing treatment: The deadline doesn't extend because you're still receiving medical care—it starts from the bite date regardless.
Exceptions for Minors
Most states toll (pause) the statute of limitations for minor children. The deadline doesn't begin running until the child turns 18—meaning a child bitten at age 5 may have until age 20 or 21 (depending on the state's normal period) to file suit.
However, parents should file claims promptly despite extended deadlines. Evidence deteriorates, witnesses forget, and delays complicate cases. Some states also allow minors' claims to be filed by guardians within normal deadlines.
Exceptions for Mental Incapacity
Similar tolling may apply when victims are mentally incapacitated. If injuries or other conditions prevent someone from understanding their legal rights, the limitations period may be paused. This varies significantly by state.
Claims Against Government Entities
Special rules apply when government dogs or properties are involved. If you're bitten by a police dog, animal control dog, or a dog on government property, you typically must file a notice of claim within 30-180 days (depending on the jurisdiction) before you can sue. Missing this shorter deadline may bar your claim entirely—even if the general statute of limitations hasn't expired.
Insurance Claim vs. Lawsuit Deadlines
Filing an insurance claim doesn't stop or extend the statute of limitations. You can negotiate with insurance as long as you want, but if negotiations fail, you must file suit before the deadline expires. Insurance companies sometimes delay negotiations hoping victims will miss their deadline—don't fall for this tactic.
Why Earlier Is Better
Even with a two or three-year deadline, filing sooner is better:
Evidence preservation: Witnesses forget details, move away, or become unavailable. Physical evidence disappears. Medical records are easier to obtain while fresh.
Dog and owner tracking: Identifying the dog and owner becomes harder as time passes. Owners may move, sell the dog, or change insurance carriers.
Treatment documentation: Connecting injuries to the bite is clearer when claims are filed while treatment is ongoing.
Calculating Your Deadline
Calculate your deadline carefully. Identify your state's statute of limitations, determine the exact bite date, and note your filing deadline. Build in buffer time—don't wait until the last day. If deadlines fall on weekends or holidays, rules vary about whether the deadline extends to the next business day.
What If the Deadline Passed?
If you believe you've missed the deadline, consult an attorney immediately. Exceptions may apply based on your specific circumstances. Tolling provisions, discovery rules, or other factors might extend your deadline. Don't assume your case is barred without professional evaluation.