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Statute of Limitations for Personal Injury — By State

How long you have to file a personal injury claim in every US state. Missing the deadline means losing your right to compensation permanently.

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Critical: Once the statute of limitations deadline passes, no attorney can help you — regardless of how strong your case is. Do not risk your right to compensation by waiting.

Statute of Limitations Deadlines by State

1 year — act immediately
2-3 years — standard
4+ years
Alabama
2 years
Alaska
2 years
Arizona
2 years
Arkansas
3 years
California
2 years
Colorado
3 years
Connecticut
2 years
Delaware
2 years
Florida
2 years
Georgia
2 years
Hawaii
2 years
Idaho
2 years
Illinois
2 years
Indiana
2 years
Iowa
2 years
Kansas
2 years
Kentucky
1 year
Louisiana
1 year
Maine
6 years
Maryland
3 years
Massachusetts
3 years
Michigan
3 years
Minnesota
2 years
Mississippi
3 years
Missouri
5 years
Montana
3 years
Nebraska
4 years
Nevada
2 years
New Hampshire
3 years
New Jersey
2 years
New Mexico
3 years
New York
3 years
North Carolina
3 years
North Dakota
6 years
Ohio
2 years
Oklahoma
2 years
Oregon
2 years
Pennsylvania
2 years
Rhode Island
3 years
South Carolina
3 years
South Dakota
3 years
Tennessee
1 year
Texas
2 years
Utah
4 years
Vermont
3 years
Virginia
2 years
Washington
3 years
West Virginia
2 years
Wisconsin
3 years
Wyoming
4 years

Note: Deadlines for general personal injury claims. Government entity claims have much shorter deadlines. Always verify with an attorney.

Exceptions That May Extend Your Deadline

The discovery rule

The clock may not start until you discovered or reasonably should have discovered the injury or its cause. Most common in toxic exposure or defective product cases.

Minority tolling — for injured children

When the injured person is a minor, the statute typically does not begin until they turn 18. A 10-year-old injured in a 2-year statute state may have until age 20 to file.

Government entity claims — much shorter deadlines

Claims against a government vehicle, employee, or property typically require a formal notice of claim within 90-180 days — before you can even file a lawsuit. This is one of the most commonly missed deadlines.

Mental incapacity

If the injured person was mentally incapacitated at the time of injury, the statute may be tolled until they regain capacity.

Frequently Asked Questions

What happens if I miss the statute of limitations?

Your claim is permanently barred. No attorney can help you recover compensation after the deadline passes. The court will dismiss your case regardless of how strong it is or how serious your injuries are.

Does the statute apply to insurance claims or only lawsuits?

The statute of limitations applies to lawsuits, not insurance claims. However you should report accidents to insurance promptly — most policies require timely reporting. The critical deadline to track is the lawsuit filing deadline.

What is the statute of limitations for a car accident in Florida?

As of 2023, Florida reduced its personal injury statute of limitations from 4 years to 2 years for negligence claims including car accidents. Contact a Florida PI attorney immediately to confirm the current deadline for your situation.

Can the statute of limitations be extended?

Yes, in certain circumstances called tolling — including injury to a minor, mental incapacity, the discovery rule, or defendant being out of state. Never assume tolling applies to your situation without consulting an attorney.

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