Last reviewed: October 2026 · How we research: How We Research
Quick answer: In most U.S. states you have 2 or 3 years from the date of an injury to file a personal injury lawsuit. The shortest deadline is 1 year (Kentucky and Tennessee) and the longest is 6 years (Maine, Minnesota and North Dakota). Claims against a government agency often require a written notice within months, not years. Use the tool below to check your state, then read the exceptions before relying on any date.
Find your state’s filing deadline
Educational estimate only. Deadlines can be shorter for claims against government entities and medical malpractice, and longer for minors. Confirm with a lawyer licensed in your state.
What a statute of limitations is (and why it matters so much)
A statute of limitations is the legal deadline for filing a lawsuit. If you file even one day late, the court will almost always dismiss the case, no matter how strong it is or how badly you were hurt. Insurers know this: once the deadline passes, they no longer have a reason to negotiate.
Two points people often miss:
- Negotiating with an insurer does not pause the clock. An open insurance claim is not a lawsuit. If talks drag on, you still have to file in court before the deadline, unless both sides sign a written tolling agreement.
- “Filing” means filing a lawsuit in court, not sending a demand letter or reporting the accident.
Personal injury statute of limitations: all 50 states + DC
The table shows the general deadline for personal injury claims based on negligence, such as car accidents, slip and falls and most other accidents. Medical malpractice, wrongful death, product liability and claims against the government often have different rules.
| State | Deadline | Statute | Notes |
|---|---|---|---|
| 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 | Claims against a public entity require an administrative claim within 6 months (Gov. Code § 911.2). |
| Colorado | 2 years | Colo. Rev. Stat. § 13-80-102 | 3 years for motor vehicle accidents (§ 13-80-101). |
| 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 | 2 years for negligence claims arising on or after March 24, 2023 (4 years before). |
| 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 ILCS 5/13-202 | |
| Indiana | 2 years | Ind. Code § 34-11-2-4 | |
| Iowa | 2 years | Iowa Code § 614.1 | |
| Kansas | 2 years | Kan. Stat. § 60-513 | |
| Kentucky | 1 year | Ky. Rev. Stat. § 413.140 | 2 years for motor vehicle accidents under the Motor Vehicle Reparations Act (KRS 304.39-230). |
| Louisiana | 2 years | La. Civ. Code art. 3493.1 | 2 years for injuries on or after July 1, 2024; 1 year for earlier injuries. |
| 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 | 6 years | Minn. Stat. § 541.05 | 2 years for intentional torts such as assault (§ 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 | |
| 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. CPLR § 214 | Claims against a city or other public entity need a notice of claim within 90 days (Gen. Mun. Law § 50-e). |
| 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 | Claims against a government unit generally require notice within 6 months (§ 101.101). |
| 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 |
General personal injury (negligence) deadlines. Compiled from each state’s code; last reviewed October 2026.
Deadlines at a glance
| Deadline | Number of jurisdictions | Where |
|---|---|---|
| 1 year | 2 | Kentucky, Tennessee |
| 2 years | 25 | Including California, Florida, Georgia, Illinois, Pennsylvania, Texas, Virginia |
| 3 years | 17 | Including DC, Maryland, Massachusetts, Michigan, New York, North Carolina, Washington |
| 4 years | 3 | Nebraska, Utah, Wyoming |
| 5 years | 1 | Missouri |
| 6 years | 3 | Maine, Minnesota, North Dakota |
Recent changes you should know about
- Florida (2023): House Bill 837 cut the deadline for general negligence claims from 4 years to 2 years for claims arising on or after March 24, 2023. Older guides that still say “4 years” are out of date.
- Louisiana (2024): Act 423 doubled the deadline for most injury claims from 1 year to 2 years (Civil Code art. 3493.1). It applies to injuries that happened on or after July 1, 2024; earlier injuries keep the old 1-year rule.
When the clock starts running
In most cases the deadline starts on the date of the accident or injury. Some situations change that start date:
- The discovery rule: many states start the clock when you discovered, or reasonably should have discovered, the injury and its cause. This mainly matters for hidden injuries, such as exposure to a toxic substance or a surgical object left inside the body.
- Minors: in most states, the deadline for a child’s claim is paused until the child turns 18. Parents’ own claims (for example, for medical bills they paid) may follow a different deadline.
- Defendant out of state: some states pause the clock while the person responsible is absent from the state or cannot be found.
- Mental incapacity: many states pause the deadline while the injured person is legally incapacitated.
These exceptions are narrow and courts apply them strictly. Never assume one applies to you without confirming it with a lawyer.
Claims against the government: the deadline that catches people out
If your injury involved a city bus, a police car, a public hospital, a pothole on a public road or any other government entity, you usually have to file a formal notice of claim long before the normal deadline. A few examples:
| Who you are claiming against | First deadline | Rule |
|---|---|---|
| A California city, county or state agency | 6 months to file an administrative claim | Cal. Gov. Code § 911.2 |
| A New York city or other public corporation | 90 days to serve a notice of claim | N.Y. Gen. Mun. Law § 50-e |
| A Texas government unit | 6 months to give notice | Tex. Civ. Prac. and Rem. Code § 101.101 |
| The federal government (for example, a USPS vehicle or a VA hospital) | 2 years to file an administrative claim with the agency | 28 U.S.C. § 2401(b) (Federal Tort Claims Act) |
Cities and counties often set even shorter local deadlines. If a public entity may be involved, check the rule immediately.
Claims that follow different deadlines
- Medical malpractice: most states have a separate deadline and an absolute cut-off (a “statute of repose”) that can bar a claim even if the injury was discovered late. See our guide to medical malpractice settlements.
- Wrongful death: the deadline often runs from the date of death rather than the date of injury.
- Workers’ compensation: on-the-job injuries usually go through your state’s workers’ comp system, which has its own, often much shorter, reporting and filing deadlines. See what to do if your workers’ comp claim is denied.
- Property damage only: many states give a different period for vehicle or property damage than for bodily injury.
Example: how a deadline plays out
Illustrative example. Maria is rear-ended in Texas on April 3, 2025. Texas gives her 2 years, so her lawsuit must be filed by about April 3, 2027. She spends 14 months in treatment and negotiation with the other driver’s insurer, which keeps asking for more records. By June 2026 she has 10 months left, and the insurer knows it. If no fair offer arrives, her lawyer needs time to prepare and file the complaint, so in practice the real decision point comes several months before the legal deadline.
If the car that hit her had been a city bus, the picture would be very different: she would have had to give written notice to the city within 6 months of the crash.
How to protect your deadline
- Write down the exact date of the accident and look up your state’s deadline in the table above.
- Ask straight away whether any government entity could be involved. If so, the notice deadline comes first.
- Set a personal reminder at least 6 months before the deadline. That leaves time to hire a lawyer and file.
- Don’t let insurance negotiations run down the clock. Ongoing talks do not extend the deadline.
- Talk to a lawyer early. Most personal injury lawyers offer a free first consultation and will check the deadline as part of it. See how to choose a personal injury lawyer.
Frequently asked questions
What happens if I miss the statute of limitations?
The defendant can ask the court to dismiss the case, and the court almost always will. Unless a recognized exception applies (such as the discovery rule or the claimant being a minor), the right to sue is lost, and insurers stop negotiating.
Does the deadline apply to settling with an insurance company?
You can settle at any time, even without a lawsuit. But your bargaining power depends on the threat of a lawsuit, and that disappears once the deadline passes. If a settlement isn’t reached in time, the lawsuit must be filed before the deadline to keep the claim alive.
Which state’s deadline applies if the accident happened in another state?
Usually the state where you file the lawsuit, which is often the state where the accident happened. Choice-of-law rules can be complicated, so if more than one state is involved, use the shorter deadline as your working date until a lawyer confirms it.
Does the deadline change for car accidents?
In most states, no: car accident injuries follow the general personal injury deadline. Two exceptions in the table are Colorado (3 years for motor vehicle accidents) and Kentucky (2 years under its no-fault law instead of 1).
Can the deadline be extended?
Only in limited situations set by law (minors, incapacity, delayed discovery, an absent defendant) or by a written tolling agreement signed by both sides. An insurer’s promise to “keep talking” is not an extension.
Bottom line
Most people have 2 or 3 years to file a personal injury lawsuit, but the real deadline can be as short as 90 days when a government entity is involved, and it never stops running just because you’re negotiating. Find your state in the tool above, note the date, and give yourself a buffer of several months. Once you know your deadline, use our settlement calculator to understand what your claim may be worth.
Sources
- State codes cited in the table above (each state’s official legislature website).
- California Code of Civil Procedure § 335.1
- New York CPLR § 214
- Texas Civil Practice and Remedies Code, Chapter 16
- 28 U.S.C. § 2401 (Federal Tort Claims Act deadlines), Cornell LII
- Louisiana Act 423 of 2024 explained (Alker and Rather)
- 50-state statute of limitations survey, 2026 (used to cross-check citations)
This guide is general information, not legal advice. Deadlines depend on the facts of your case and can change when laws are amended. Confirm your deadline with a lawyer licensed in your state.