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** before the death.

CICP Deadline: 1 Year

For COVID-19 vaccine injury claims under the Countermeasures Injury Compensation Program (CICP), the deadline is **one year** from the date of vaccine administration, or one year from when the CICP determines the vaccine was covered.

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. Courts have generally been unwilling to make exceptions.

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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