Personal Injury Statute of Limitations by State: Don’t Miss Your Deadline
By Maria Chen, JD | 14 Years in Personal Injury Law
There is one deadline in personal injury law that matters more than any other. Miss it, and your case is over. No exceptions, no second chances, no amount of evidence or severity of injury can save it. That deadline is the statute of limitations.
The statute of limitations is the legal time limit you have to file a lawsuit after being injured. Once that clock runs out, the courthouse doors close permanently. The at-fault party’s insurance company knows this, and frankly, they are counting on it. Every day that passes without you taking action is a day closer to losing your right to compensation forever.
This guide covers every state’s statute of limitations for personal injury claims, the critical exceptions you need to know about, and why acting quickly is always in your best interest.
If you are unsure about what steps to take right now, start with our comprehensive guide on what to do after an accident.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time you have to file a lawsuit in court. In personal injury cases, this clock typically starts running on the date of the accident or injury.
Think of it as an expiration date on your legal rights. Once the statute of limitations expires, the defendant can ask the court to dismiss your case, and the court will almost certainly grant that request. It does not matter how strong your evidence is, how badly you were injured, or how clearly the other party was at fault. If you filed too late, your case is done.
Every state sets its own statute of limitations for personal injury claims. They range from as short as 1 year to as long as 6 years, depending on the state and the type of claim.
Why Statutes of Limitations Exist
You might wonder why the law would put a time limit on seeking justice. There are several reasons:
- Preservation of evidence. Over time, physical evidence deteriorates, documents get lost, and surveillance footage is deleted. Statutes of limitations encourage timely action while evidence is still available.
- Witness reliability. Memories fade. Witnesses move away or become harder to locate. The longer you wait, the less reliable witness testimony becomes.
- Fairness to defendants. The law recognizes that people and businesses should not have to live under the threat of a lawsuit indefinitely. At some point, they need to be able to move forward.
- Judicial efficiency. Courts have limited resources. Statutes of limitations help ensure that the court system is not clogged with stale claims.
Personal Injury Statute of Limitations by State: Complete Table
Below is a comprehensive table of personal injury statutes of limitations for all 50 states and the District of Columbia. These timeframes apply to general personal injury claims. Other types of claims (medical malpractice, product liability, wrongful death, government claims) may have different deadlines.
Important: These deadlines can change as legislatures amend their laws. Always verify the current statute of limitations with a qualified attorney in your state.
| State | Statute of Limitations | Relevant Statute |
|---|---|---|
| Alabama | 2 years | Ala. Code 6-2-38 |
| Alaska | 2 years | Alaska Stat. 09.10.070 |
| Arizona | 2 years | Ariz. Rev. Stat. 12-542 |
| Arkansas | 3 years | Ark. Code 16-56-105 |
| California | 2 years | Cal. Civ. Proc. Code 335.1 |
| Colorado | 2 years | Colo. Rev. Stat. 13-80-102 |
| Connecticut | 2 years | Conn. Gen. Stat. 52-584 |
| Delaware | 2 years | Del. Code tit. 10, 8119 |
| District of Columbia | 3 years | D.C. Code 12-301 |
| Florida | 2 years | Fla. Stat. 95.11(3) |
| Georgia | 2 years | Ga. Code 9-3-33 |
| Hawaii | 2 years | Haw. Rev. Stat. 657-7 |
| Idaho | 2 years | Idaho Code 5-219 |
| Illinois | 2 years | 735 Ill. Comp. Stat. 5/13-202 |
| Indiana | 2 years | Ind. Code 34-11-2-4 |
| Iowa | 2 years | Iowa Code 614.1(2) |
| Kansas | 2 years | Kan. Stat. 60-513 |
| Kentucky | 1 year | Ky. Rev. Stat. 413.140 |
| Louisiana | 1 year | La. Civ. Code art. 3492 |
| Maine | 6 years | Me. Rev. Stat. tit. 14, 752 |
| Maryland | 3 years | Md. Code, Cts. and Jud. Proc. 5-101 |
| Massachusetts | 3 years | Mass. Gen. Laws ch. 260, 2A |
| Michigan | 3 years | Mich. Comp. Laws 600.5805 |
| Minnesota | 2 years | Minn. Stat. 541.07 |
| Mississippi | 3 years | Miss. Code 15-1-49 |
| Missouri | 5 years | Mo. Rev. Stat. 516.120 |
| Montana | 3 years | Mont. Code 27-2-204 |
| Nebraska | 4 years | Neb. Rev. Stat. 25-207 |
| Nevada | 2 years | Nev. Rev. Stat. 11.190(4)(e) |
| New Hampshire | 3 years | N.H. Rev. Stat. 508:4 |
| New Jersey | 2 years | N.J. Stat. 2A:14-2 |
| New Mexico | 3 years | N.M. Stat. 37-1-8 |
| New York | 3 years | N.Y. C.P.L.R. 214 |
| North Carolina | 3 years | N.C. Gen. Stat. 1-52 |
| North Dakota | 6 years | N.D. Cent. Code 28-01-16 |
| Ohio | 2 years | Ohio Rev. Code 2305.10 |
| Oklahoma | 2 years | Okla. Stat. tit. 12, 95 |
| Oregon | 2 years | Or. Rev. Stat. 12.110 |
| Pennsylvania | 2 years | 42 Pa. Cons. Stat. 5524 |
| Rhode Island | 3 years | R.I. Gen. Laws 9-1-14 |
| South Carolina | 3 years | S.C. Code 15-3-530 |
| South Dakota | 3 years | S.D. Codified Laws 15-2-14 |
| Tennessee | 1 year | Tenn. Code 28-3-104 |
| Texas | 2 years | Tex. Civ. Prac. and Rem. Code 16.003 |
| Utah | 4 years | Utah Code 78B-2-307 |
| Vermont | 3 years | Vt. Stat. tit. 12, 512 |
| Virginia | 2 years | Va. Code 8.01-243 |
| Washington | 3 years | Wash. Rev. Code 4.16.080 |
| West Virginia | 2 years | W. Va. Code 55-2-12 |
| Wisconsin | 3 years | Wis. Stat. 893.54 |
| Wyoming | 4 years | Wyo. Stat. 1-3-105 |
Key Takeaways From the Table
- The most common statute of limitations is 2 years. Over half the states use a 2-year deadline for personal injury claims.
- Three states have just 1 year. Kentucky, Louisiana, and Tennessee give you the least amount of time. If you live in or were injured in one of these states, time is especially critical.
- A few states are more generous. Maine and North Dakota allow 6 years, Missouri allows 5 years, and Nebraska, Utah, and Wyoming allow 4 years. But “generous” does not mean you should wait. The sooner you act, the stronger your case.
Critical Exceptions to Standard Deadlines
The table above covers the general rule, but personal injury law is full of exceptions. Several circumstances can extend or shorten the deadline.
The Discovery Rule
In most states, the statute of limitations clock starts on the date of the accident. But what if you did not know you were injured right away? Some injuries, particularly internal injuries, toxic exposure injuries, or medical conditions caused by defective products, may not become apparent until weeks, months, or even years after the initial exposure.
The discovery rule addresses this by starting the clock on the date you knew (or reasonably should have known) about your injury and its connection to the defendant’s conduct. For example, if you were exposed to a toxic substance at work in 2020 but were not diagnosed with a related illness until 2024, the statute of limitations may start in 2024 rather than 2020.
Not all states apply the discovery rule in the same way, and some limit it to specific types of cases. Consult a qualified attorney in your state to determine whether the discovery rule applies to your situation.
Minors (Under 18)
Every state has special rules for minors. In general, the statute of limitations is “tolled” (paused) while the injured person is under 18. The clock does not begin running until the minor reaches the age of 18 (the age of majority in most states).
For example, if a 10-year-old is injured in a state with a 2-year statute of limitations, they typically have until their 20th birthday to file a lawsuit. However, some states impose an outer limit even for minors, so it is important to verify the specific rules in your state.
Parents or guardians can file a claim on behalf of the minor at any time before the deadline, and in many cases, it is advantageous to do so while evidence is still fresh.
Mental Incapacity
If the injured person is mentally incapacitated at the time of the injury (or becomes incapacitated as a result of the injury), the statute of limitations may be tolled until the incapacity ends. This exception is designed to protect individuals who are physically or mentally unable to pursue legal action.
The definition of “mental incapacity” varies by state and typically requires more than just stress, confusion, or depression. It generally requires a clinical inability to understand and manage one’s legal affairs.
Government Claims (Shorter Deadlines)
If your injury was caused by a government entity or government employee (a city bus accident, a state highway defect, an injury at a government building), special rules apply. In most cases, these rules impose much shorter deadlines than the standard statute of limitations.
Federal government claims under the Federal Tort Claims Act require you to file an administrative claim within 2 years of the injury. If the claim is denied, you have 6 months to file a lawsuit.
State and local government claims vary widely, but many states require you to file a notice of claim within as few as 30 to 180 days of the injury. Missing this notice requirement can bar your claim entirely, even if the statute of limitations has not expired.
Here are some examples of government claim notice requirements:
| State | Notice Requirement for Government Claims |
|---|---|
| California | 6 months for state claims; 6 months for local |
| New York | 90 days for municipal claims |
| Florida | 3 years (same as general tort) but notice required |
| Texas | 6 months for governmental units |
| Illinois | 1 year for local government entities |
These deadlines are aggressively short. If your injury involves a government entity, consult a qualified attorney in your state immediately.
Tolling for Absence From the State
In some states, the statute of limitations is tolled while the defendant is absent from the state. If the person who injured you moves out of state, the clock may pause until they return. This rule varies significantly by state and has become less relevant in modern times due to long-arm jurisdiction statutes, but it still exists in some form in many states.
Fraud or Concealment
If the defendant actively concealed their wrongdoing or the cause of your injury, many states will toll the statute of limitations until you discover (or reasonably should have discovered) the fraud or concealment.
Military Service
Federal law (the Servicemembers Civil Relief Act) provides tolling of statutes of limitations for active-duty military personnel. If you are on active duty and unable to pursue a legal claim, the statute of limitations may be paused during your service.
What Happens If You Miss the Statute of Limitations
If you miss the statute of limitations, the consequences are severe and almost always final:
- Your case will be dismissed. The defendant will file a motion to dismiss based on the expired statute of limitations, and the court will grant it.
- You lose your right to sue. You cannot refile the case or try again later.
- You lose all leverage. Without the ability to file a lawsuit, you have no leverage to negotiate a settlement. The insurance company has no reason to pay you anything.
- Your attorney may face liability. If you hired an attorney who allowed the statute of limitations to expire, you may have a legal malpractice claim against that attorney. However, pursuing a malpractice claim is a difficult and time-consuming process that still may not result in full compensation.
There are very few exceptions to these consequences. Courts are extremely reluctant to allow cases to proceed after the statute of limitations has expired. Even compelling circumstances (severe injuries, clear liability, sympathetic plaintiffs) are typically not enough to overcome a missed deadline.
Why You Should Not Wait
Even if your state gives you 2, 3, or even 6 years to file a lawsuit, waiting is almost always a bad idea. Here is why:
Evidence Disappears
Surveillance footage is overwritten (often within 30 to 90 days). Accident scenes change. Physical evidence is repaired, cleaned up, or discarded. The longer you wait, the harder it becomes to prove what happened.
Witnesses Forget
Human memory is unreliable and deteriorates over time. A witness who clearly remembers the accident today may have only a vague recollection in 6 months and almost no memory in 2 years.
Medical Documentation Is Strongest Early On
The most compelling medical evidence is created close to the time of the accident. Gaps in treatment create opportunities for the insurance company to argue that your injuries were not serious or were caused by something other than the accident.
Financial Pressure Increases Over Time
Medical bills accrue interest. Credit scores suffer. Financial stress compounds. The sooner your case is resolved, the sooner you can regain financial stability.
Insurance Companies Use Delay Against You
When you wait, the insurance company benefits. They know that the longer you go without filing, the more desperate you become and the more likely you are to accept a low offer. For more on insurance company tactics, see our article on whether you should accept the first settlement offer.
Your Attorney Needs Time to Build Your Case
A strong personal injury case requires thorough investigation, evidence collection, medical documentation, and often expert analysis. Your attorney needs time to do this work. If you wait until the last minute, there may not be enough time to build the strongest possible case.
Special Situations to Watch For
Car Accidents in No-Fault States
If you live in a no-fault insurance state (such as Florida, Michigan, New York, or Pennsylvania), the statute of limitations still applies to lawsuits, but you may also have separate deadlines for filing no-fault insurance claims (Personal Injury Protection or PIP claims). These deadlines can be much shorter. In Florida, for example, you must seek medical treatment within 14 days of the accident to be eligible for PIP benefits.
Workers’ Compensation
If you were injured on the job, workers’ compensation claims have their own separate deadlines that are distinct from personal injury statutes of limitations. In many states, you must report a workplace injury within 30 to 90 days and file a formal claim within 1 to 2 years. However, if a third party (someone other than your employer) caused your injury, you may also have a personal injury claim subject to the standard statute of limitations.
Medical Malpractice
Medical malpractice claims often have different (and sometimes shorter) statutes of limitations than general personal injury claims. Many states also impose additional requirements, such as pre-suit notice to the medical provider or a certificate of merit from a medical expert.
Product Liability
Claims involving defective products may have different statutes of limitations, and some states impose statutes of repose that set an absolute deadline regardless of when the injury was discovered.
Wrongful Death
If someone died as a result of their injuries, wrongful death claims have their own statutes of limitations, which may differ from the general personal injury deadline. In some states, the wrongful death statute of limitations is shorter; in others, it is the same or longer.
How to Protect Your Rights
The single best thing you can do to protect your rights is to take action now:
- Contact an attorney immediately. Do not try to calculate the statute of limitations on your own. An attorney can identify all applicable deadlines, including government claim notice requirements and other special rules that may affect your case.
- Document everything. Preserve evidence, gather medical records, and keep detailed notes about your injuries and how they affect your life.
- Do not rely on verbal promises from insurance companies. An insurance adjuster may tell you there is “plenty of time” or that they are “working on your claim.” These statements do not stop the statute of limitations from running.
- Mark the deadline on your calendar. Even if you have hired an attorney, know your deadline. Set reminders well in advance.
- Follow up regularly. If you have hired an attorney, check in periodically to make sure your case is progressing and that no deadlines are approaching.
For help finding an attorney, see our guide on how to find a personal injury attorney. To learn what happens during your first meeting, read what to expect at your first attorney consultation.
Frequently Asked Questions
Does the statute of limitations apply to settlement negotiations?
No. The statute of limitations applies to filing a lawsuit in court. You can negotiate with the insurance company at any time. However, if negotiations fail and the statute of limitations has expired, you have lost your ability to file a lawsuit, which means you have lost all of your leverage.
Can I file a lawsuit the day before the deadline?
Technically, yes. But this is extremely risky and puts your attorney at a severe disadvantage. Filing at the last minute means there has been no time for thorough investigation, and it signals desperation to the insurance company.
Does sending a demand letter stop the clock?
No. A demand letter does not toll or pause the statute of limitations. Only filing an actual lawsuit in court (or, in some cases, the discovery of an injury) affects the deadline.
What if I was partially at fault for the accident?
In most states, being partially at fault does not change the statute of limitations. However, it may affect the amount of compensation you can recover. Comparative fault laws vary by state.
What if the at-fault party dies?
If the person who injured you dies before you file a lawsuit, you may still be able to pursue a claim against their estate. The statute of limitations may be affected, so consult an attorney promptly.
The Bottom Line
The statute of limitations is not a suggestion. It is a hard deadline that can permanently eliminate your right to compensation, no matter how strong your case may be. Every state has its own deadline, and numerous exceptions and special rules can either extend or shorten the time you have.
Do not gamble with your future. Do not assume you have plenty of time. Do not let the insurance company run out the clock while you wait for a fair offer.
Consult a qualified attorney in your state today. The consultation is almost always free, and it could save your case. For a complete guide to the steps you should be taking right now, visit our pillar guide on what to do after an accident.
The clock is ticking. Make sure it does not run out on you.
This article is for informational purposes only and does not constitute legal advice. Statutes of limitations and their exceptions are subject to change and vary significantly by state. Please consult a qualified attorney in your state for advice about the specific deadlines that apply to your case.