How Long Do I Have to File a Vaccine Injury Claim?

Deadlines Are Critical in Vaccine Injury Cases

Unlike many personal injury cases where you have years to file, vaccine injury claims have specific and strict deadlines. Missing them can permanently bar your ability to seek compensation.

VICP Deadline: 36 Months

For claims filed under the National Vaccine Injury Compensation Program (VICP), you must generally file within 36 months of the date of the first symptom of the vaccine injury.

If the injury resulted in death, a claim must be filed within 24 months of the death and within 48 months of the first symptom of the injury that led to the death. These limits come from the Vaccine Act, 42 U.S.C. § 300aa-16, and are summarized on HRSA's Who Can File a Petition page.

CICP Deadline: 1 Year

For COVID-19 vaccine injury claims under the Countermeasures Injury Compensation Program (CICP), the deadline is generally one year from the date the vaccine was administered. A separate one-year window can apply if HHS creates or amends a countermeasure injury table in a way that newly allows a claim. See HRSA's CICP filing process.

Why Deadlines Are So Strict

Congress set these deadlines to ensure that claims are brought while evidence is still available, memories are fresh, and medical records are accessible. HRSA notes that the Court may extend a VICP deadline through "equitable tolling" only in very limited circumstances.

What If My Deadline Has Already Passed?

In rare circumstances, legal arguments may exist for why a late filing should be accepted. However, these situations are uncommon. If you're concerned your deadline may have passed, consult with a vaccine injury attorney as soon as possible — do not assume it's too late without getting advice.

Practical Guidance

• Do not wait. If you experienced a serious reaction after a vaccine, start the process now.
• Document everything. Keep all medical records related to your symptoms and treatment.
• Talk to an attorney. A specialist can confirm which deadline applies to your specific vaccine and injury.

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