Guide

Deadlines, and the tension with waiting

Facial injury claims have a structural conflict: the value can't be assessed until the injury matures, but the deadline to file doesn't wait. Here's how both get handled.

Published July 27, 2026 · Last reviewed July 30, 2026

The basic deadline

Your state's personal injury statute of limitations governs, most commonly two years from the injury, with some states at one and others at three.

Variations that matter: medical malpractice claims — including injuries from cosmetic procedures — often run on a shorter deadline and may require an expert affidavit filed with the complaint. Claims against government entities generally require a notice of claim within a short administrative window, sometimes 60 to 180 days. Product liability claims may also be subject to a statute of repose cutting them off a set number of years after sale regardless of injury date.

Minors

Many states extend the deadline for a minor, commonly until some period after they turn 18, though the rules vary and other deadlines can still cut a claim off. That's real protection, and it's also frequently misused as a reason to wait — which is a mistake.

Evidence doesn't toll. Witnesses move, the dog is rehomed or euthanized, the property changes hands, and the photographic record of the early injury never gets taken. Preserve everything and get it evaluated now even if filing can wait.

There's also a practical reason to move: a child's scar will be reassessed as they grow, and having the case properly documented from the start makes that projection far easier to prove later.

How to wait without losing the claim

The standard approach is to have counsel engaged early, preserve evidence immediately, treat consistently, and file suit if the deadline approaches before the injury has matured. Filing doesn't force a trial — the great majority of cases settle after filing, often long after.

What doesn't work is handling it yourself while waiting, and discovering at month twenty-two that the deadline is in weeks and the scar still hasn't matured.

Questions

The insurer says they'll evaluate once I'm done treating. Does that pause the clock?

No. Nothing an insurer says or does extends a statute of limitations. Claims are run past the deadline this way regularly, and once it passes the insurer's position becomes very simple.

My child was injured years ago. Are we too late?

Possibly not — tolling for minors is often generous. It's worth having the dates reviewed rather than assuming. The bigger problem at that remove is usually evidence, so gather whatever medical records and photographs exist first.

What if the scarring got worse over time?

The clock generally runs from the injury, not from when the scar worsened, since the injury was known. Some states apply a discovery rule to injuries that genuinely weren't apparent — rarely applicable to visible facial trauma, but worth checking against your specific facts.