Personal Injury Statute of Limitations by State

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.

StateDeadlineStatuteNotes
Alabama2 yearsAla. Code § 6-2-38
Alaska2 yearsAlaska Stat. § 09.10.070
Arizona2 yearsAriz. Rev. Stat. § 12-542
Arkansas3 yearsArk. Code § 16-56-105
California2 yearsCal. Civ. Proc. Code § 335.1Claims against a public entity require an administrative claim within 6 months (Gov. Code § 911.2).
Colorado2 yearsColo. Rev. Stat. § 13-80-1023 years for motor vehicle accidents (§ 13-80-101).
Connecticut2 yearsConn. Gen. Stat. § 52-584
Delaware2 yearsDel. Code tit. 10, § 8119
District of Columbia3 yearsD.C. Code § 12-301
Florida2 yearsFla. Stat. § 95.112 years for negligence claims arising on or after March 24, 2023 (4 years before).
Georgia2 yearsGa. Code § 9-3-33
Hawaii2 yearsHaw. Rev. Stat. § 657-7
Idaho2 yearsIdaho Code § 5-219
Illinois2 years735 ILCS 5/13-202
Indiana2 yearsInd. Code § 34-11-2-4
Iowa2 yearsIowa Code § 614.1
Kansas2 yearsKan. Stat. § 60-513
Kentucky1 yearKy. Rev. Stat. § 413.1402 years for motor vehicle accidents under the Motor Vehicle Reparations Act (KRS 304.39-230).
Louisiana2 yearsLa. Civ. Code art. 3493.12 years for injuries on or after July 1, 2024; 1 year for earlier injuries.
Maine6 yearsMe. Rev. Stat. tit. 14, § 752
Maryland3 yearsMd. Code, Cts. and Jud. Proc. § 5-101
Massachusetts3 yearsMass. Gen. Laws ch. 260, § 2A
Michigan3 yearsMich. Comp. Laws § 600.5805
Minnesota6 yearsMinn. Stat. § 541.052 years for intentional torts such as assault (§ 541.07).
Mississippi3 yearsMiss. Code § 15-1-49
Missouri5 yearsMo. Rev. Stat. § 516.120
Montana3 yearsMont. Code § 27-2-204
Nebraska4 yearsNeb. Rev. Stat. § 25-207
Nevada2 yearsNev. Rev. Stat. § 11.190
New Hampshire3 yearsN.H. Rev. Stat. § 508:4
New Jersey2 yearsN.J. Stat. § 2A:14-2
New Mexico3 yearsN.M. Stat. § 37-1-8
New York3 yearsN.Y. CPLR § 214Claims against a city or other public entity need a notice of claim within 90 days (Gen. Mun. Law § 50-e).
North Carolina3 yearsN.C. Gen. Stat. § 1-52
North Dakota6 yearsN.D. Cent. Code § 28-01-16
Ohio2 yearsOhio Rev. Code § 2305.10
Oklahoma2 yearsOkla. Stat. tit. 12, § 95
Oregon2 yearsOr. Rev. Stat. § 12.110
Pennsylvania2 years42 Pa. Cons. Stat. § 5524
Rhode Island3 yearsR.I. Gen. Laws § 9-1-14
South Carolina3 yearsS.C. Code § 15-3-530
South Dakota3 yearsS.D. Codified Laws § 15-2-14
Tennessee1 yearTenn. Code § 28-3-104
Texas2 yearsTex. Civ. Prac. and Rem. Code § 16.003Claims against a government unit generally require notice within 6 months (§ 101.101).
Utah4 yearsUtah Code § 78B-2-307
Vermont3 yearsVt. Stat. tit. 12, § 512
Virginia2 yearsVa. Code § 8.01-243
Washington3 yearsWash. Rev. Code § 4.16.080
West Virginia2 yearsW. Va. Code § 55-2-12
Wisconsin3 yearsWis. Stat. § 893.54
Wyoming4 yearsWyo. Stat. § 1-3-105

General personal injury (negligence) deadlines. Compiled from each state’s code; last reviewed October 2026.

Deadlines at a glance

DeadlineNumber of jurisdictionsWhere
1 year2Kentucky, Tennessee
2 years25Including California, Florida, Georgia, Illinois, Pennsylvania, Texas, Virginia
3 years17Including DC, Maryland, Massachusetts, Michigan, New York, North Carolina, Washington
4 years3Nebraska, Utah, Wyoming
5 years1Missouri
6 years3Maine, 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 againstFirst deadlineRule
A California city, county or state agency6 months to file an administrative claimCal. Gov. Code § 911.2
A New York city or other public corporation90 days to serve a notice of claimN.Y. Gen. Mun. Law § 50-e
A Texas government unit6 months to give noticeTex. 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 agency28 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

  1. Write down the exact date of the accident and look up your state’s deadline in the table above.
  2. Ask straight away whether any government entity could be involved. If so, the notice deadline comes first.
  3. Set a personal reminder at least 6 months before the deadline. That leaves time to hire a lawyer and file.
  4. Don’t let insurance negotiations run down the clock. Ongoing talks do not extend the deadline.
  5. 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

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.

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