What Is the Statute of Limitations for a Personal Injury Claim? State-By-State

The statute of limitations is the deadline you have to file a personal injury claim. The statute of limitations varies by state and claim type, but generally runs from one to six years after the accident or injury. States may have different deadlines for wrongful death claims, property damage claims, and medical malpractice.

Exceptions to the statute of limitations may give you more or less time to file a claim. People who discover their injuries later and children who suffer personal injuries generally have more time to file a lawsuit. However, claims against government agencies may have shorter notice deadlines. Contact a local personal injury attorney to ensure you file your claim before the clock runs out.

What Is a Statute of Limitations?

The statute of limitations is the time limit for injury victims to file a personal injury lawsuit. Most legal causes of action have a legal time limit for filing a claim, including car accidents, defective product claims, and medical malpractice. The statute of limitations begins to run from the date of the injury or accident.

After the statute of limitations runs out, you lose your legal right to file a personal injury claim unless an exception applies. The statute of limitations is strict, and you can lose your claim if you file even one day late. If the courthouse closes before you file your complaint on the last day of the statute of limitations, the court will dismiss your claim.

Why Do Courts Set Time Limits on Injury Claims?

It seems unfair that personal injury law limits how long you have to file a personal injury claim. Courts set time limits on tort claims for compensation for practical and public-policy reasons.

One reason for time limits is that insurance companies want to limit their exposure. Insurance companies can save a lot of money by not paying out for injury claims in car accidents, medical malpractice, and homeowners’ insurance policies. Insurance companies lobby lawmakers to pass laws that restrict how long injury victims have to file a claim.

Over time, memories can fade, and evidence can disappear or expire. You may remember clear details of an accident in the days and weeks after the event, but it may be less clear years later. Time limits also reduce uncertainty about whether an injury claim is possible after an accident. Time limits also encourage injury victims to act quickly to recover compensation for their damages.

Personal Injury Statute of Limitations by State

State law varies in how long injury victims have to file a personal injury claim. The time frame generally ranges from one year to six years from the date of the accident or injury. In most states, the statute of limitations is two years.

Below is a table of the statute of limitations in personal injury cases by state.

State	Personal Injury Statute of Limitations	State 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 Ann. § 16-56-105
California	2 years	Cal. Civ. Proc. Code § 335.1
Colorado	2 years	C.R.S. § 13-80-102
Connecticut	2 years	C.G.S.A. § 52-584
Delaware	2 years	10 Del. Code § 8119
Florida	2 years	F.S.A. § 95.11(5)(a)
Georgia	2 years	O.C.G.A. § 9-3-33
Hawaii	2 years	Haw. Stat. §657-7
Idaho	2 years	Idaho Code § 5-219
Illinois	2 years	735 I.L.C.S. § 5/13- 202
Indiana	2 years	Ind. Code § 34-11-2-4
Iowa	2 years	Iowa Code Ann. § 614.1(2)
Kansas	2 years	K.S.A. § 60-513
Kentucky	1 year	K.R.S. § 413.140
Louisiana	2 years	L.S.A.-C.C. Art § 3493.1
Maine	6 years	14 M.R.S.A. § 752
Maryland	3 years	Md. Cts. & Jud. Proc. Code § 5-101
Massachusetts	3 years	Mass. Ann. Laws Ch. 260 § 2A
Michigan	3 years	M.C.L. § 600.5805
Minnesota	6 years	Minn. Stat. Ann. § 541.05
Mississippi	3 years	M.C.A. § 15-1-49
Missouri	5 years	Mo. Rev. Stat. § 516.120
Montana	3 years	Mont. Stat. § 27-2-204
Nebraska	4 years	Neb. Stat. § 25-207
Nevada	2 years	N.R.S. § 11.190
New Hampshire	3 years	N.H. Stat. Ann. § 508:4(I)
New Jersey	2 years	N.J.S.A. § 2A:14-2
New Mexico	3 years	N.M.S.A. § 37-1-8
New York	3 years	N.Y. C.P.L.R. § 214
North Carolina	3 years	N.C.G.S.A. § 1-52
North Dakota	6 years	N.D.C.C. § 28-01-16
Ohio	2 years	O.R.C.A. § 2305.10(A)
Oklahoma	2 years	Okla. Stat. Tit. 12, § 95
Oregon	2 years	O.R.S. § 12.110
Pennsylvania	2 years	42 Penn. Stat. § 5524
Rhode Island	3 years	R.I. Gen. Laws § 9-1-14 (b)
South Carolina	3 years	S.C. Code Ann. § 15-3- 530
South Dakota	3 years	S.D.C.L. § 15-2- 14(3)
Tennessee	1 year	Tenn. Code Ann. § 28-3-104
Texas	2 years	Tex. Civ. Prac. & Rem. Code Ann. § 16.003
Utah	4 years	U.C.A. § 78B-2- 307(3)
Vermont	3 years	Vt. Stat. Ann. Tit. 12, § 512
Virginia	2 years	Va. St. § 8.01-243(A)
Washington	3 years	R.C.W.A. § 4.16.080
Washington, D.C.	3 years	D.C. Code § 12-301
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(a)(iv)(C)

Exceptions to the Statute of Limitations

Limited exceptions to the statute of limitations can extend the deadline to file a personal injury lawsuit. Certain situations toll, or pause, the statute of limitations clock. Common exceptions include the discovery rule for late discovery of an injury, additional time for minor injury victims, and tolling for victims with mental incapacity.

More Time for Late Discovery of Injuries

If you find out your injuries were caused by negligence months or years after they occurred, you may have more time to file a lawsuit. Under the discovery rule, the statute of limitations does not begin until you know or should have known about the injury.

For example, you get hip-replacement surgery in 2022. You did not know that during the procedure, the surgeon accidentally left a surgical tool inside your body. You suffer pain for the next two years, not knowing the cause. Finally, in 2025, an X-ray reveals the left-behind surgical material that caused the injury. Because of the late discovery, you may have additional time to pursue your medical malpractice claims.

More Time for Children Suffering Injury

Most states have a longer personal injury statute of limitations for minor injury victims. In most states, the clock doesn’t start running until the minor reaches the age of majority, generally 18.

For example, an eight-year-old child is injured by a speeding driver in 2025. The time limit may not begin to run until ten years later when the child turns 18. If the state has a two-year statute of limitations, the injured child may have until 2037 to file their personal injury lawsuit.

Some states start the clock before minors turn 18. For example, in Maryland, the statute of limitations for minors in a medical malpractice claim begins to run when the child turns 11 years old. Check with your local personal injury attorney to find out how much time you have to file an injury claim in your state.

Understanding the Statute of Repose

Separate from the statute of limitations, states also have a statute of repose that sets an overall time limit on legal claims. Some statutes of repose don’t even include exceptions for when a defendant intentionally misrepresents or fraudulently hides information.

Generally, once the statute of repose passes, your chance to seek compensation in a personal injury case ends.

Does the Time Limit Depend on the Type of Claim?

The time limit can change depending on the type of claim. The time limits above are for general personal injury cases, including most auto accidents, dog bites, slip-and-falls, and product liability claims. However, some states set different time limits by claim type. Some states have longer or shorter statutes of limitations for medical malpractice cases and wrongful death claims.

For example, Colorado has a two-year general statute of limitations for personal injury, but a three-year filing deadline for car accident claims. In New Jersey, most personal injury law claims have a two-year statute of limitations, but property damage claims have a longer six-year time limit.

Don’t rely on online information for your personal injury time limit. States can change their statutes of limitations at any time. Contact a local personal injury lawyer as soon as you think you may have a claim. Your attorney can file your claim before the time limit runs out, preserving your right to recover compensation for your injuries.

Shorter Time Limits for Claims Against the Government

Government entities often have shorter notice periods before you can file a lawsuit. States, counties, and city government agencies may require notice of a claim within a shorter time period to give the government notice that someone is making a legal claim for damages. Some state and city governments only allow about 30 days to file a notice of claim to preserve your right to seek compensation.

For example, New York’s statute of limitations gives you three years to file a personal injury claim. However, if you bring a personal injury claim against the City of New York, you generally must serve a notice of claim within 90 days after the claim arises. These short deadlines leave little time to file a lawsuit when a negligent government employee causes your accident.

Find Legal Help

Strict statute of limitations periods and notice requirements mean you must act immediately after an injury. Missing the legal deadline by just one day can cost you compensation for medical bills, lost wages, and property damage. Contact a local personal injury attorney as soon as possible to protect your rights in a personal injury claim.