Personal Injury Statute of Limitations by State: How Long Do You Have to Sue?
Here’s a scenario that plays out more often than you’d think: someone gets hurt in an accident, spends months focused on recovery and medical bills, and only later realizes there was a hard deadline to file a lawsuit one that already passed. No matter how strong the case was, once that clock runs out, the courthouse door closes. Permanently.
That deadline is called the statute of limitations, and it’s arguably the single most important date in any injury case, yet it’s also one of the most misunderstood. People assume they have “a couple of years” without realizing the real number depends entirely on which state they’re in, what caused the injury, and sometimes even who they’re suing.
This guide lays out the personal injury statute of limitations by state for all 50 states and Washington D.C., explains the legal concepts that can extend or shrink that window like the discovery rule, tolling for minors, and statutes of repose and walks through exactly what to do if you’re not sure how much time you have left. Let’s get into it.
What Is a Personal Injury Statute of Limitations?
A statute of limitations is a state law that sets a strict deadline for filing a civil lawsuit after an injury. Once that window closes, the person or company you’re suing can ask the court to dismiss your case simply because you filed too late regardless of how clear-cut the negligence was or how serious the injury is.
These laws exist for practical reasons:
- Evidence deteriorates over time. Witnesses forget details, surveillance footage gets deleted, and physical evidence disappears.
- Defendants deserve eventual certainty. Businesses and individuals can’t be held in legal limbo indefinitely.
- Courts need predictability. A firm filing deadline keeps the legal system moving instead of clogging up with decades-old claims.
Importantly, the statute of limitations only governs when you must file the lawsuit not when you have to settle. You can negotiate with an insurance company for months after filing, and many cases still resolve through settlement well after the original deadline, as long as the suit itself was filed on time.
Personal Injury Statute of Limitations by State (Full Table)
Below is a state-by-state breakdown of the general personal injury filing deadline. These figures apply to standard negligence claims things like car accidents, slip and falls, and premises liability. Medical malpractice, claims against a government entity, and wrongful death claims frequently carry different, shorter deadlines within the same state, which we’ll cover further down.
| State | Filing Deadline | Notable Exceptions |
|---|---|---|
| Alabama | 2 years | — |
| Alaska | 2 years | — |
| Arizona | 2 years | Claims against a public entity require notice within 180 days |
| Arkansas | 3 years | Medical malpractice limited to 2 years |
| California | 2 years | — |
| Colorado | 2 years | Auto accident claims extended to 3 years |
| Connecticut | 2 years | Little to no tolling allowed for minors |
| Delaware | 2 years | — |
| Florida | 2 years | — |
| Georgia | 2 years | — |
| Hawaii | 2 years | — |
| Idaho | 2 years | Minimal tolling for minors |
| Illinois | 2 years | Minors generally tolled until age 18; medical malpractice capped at 8 years |
| Indiana | 2 years | Medical malpractice: 2 years regardless of age |
| Iowa | 2 years | — |
| Kansas | 2 years | All claims barred after 8 years, even for minors |
| Kentucky | 1 year | Motor vehicle accident claims extended to 2 years |
| Louisiana | 2 years | Extended from 1 year for injuries occurring on or after July 1, 2024 |
| Maine | 6 years | — |
| Maryland | 3 years | Medical malpractice capped at 5 years from the injury |
| Massachusetts | 3 years | — |
| Michigan | 3 years | Minors may get up to 1 extra year after turning 18 |
| Minnesota | 2 years | Medical malpractice capped at 4 years |
| Mississippi | 3 years | — |
| Missouri | 5 years | Medical malpractice limited to 2 years |
| Montana | 3 years | — |
| Nebraska | 4 years | Medical malpractice limited to 2 years |
| Nevada | 2 years | Medical malpractice capped at 6 years |
| New Hampshire | 3 years | — |
| New Jersey | 2 years | Birth-related injury claims are treated differently from standard minor tolling |
| New Mexico | 3 years | Government claims require notice within 90 days |
| New York | 3 years | Claims against government defendants require a notice of claim within 90 days |
| North Carolina | 3 years | Medical malpractice: 4-year statute of repose |
| North Dakota | 6 years | — |
| Ohio | 2 years | Limited tolling; some claims subject to a statute of repose |
| Oklahoma | 2 years | Government claims require advance notice |
| Oregon | 2 years | Medical malpractice: 5-year statute of repose |
| Pennsylvania | 2 years | — |
| Rhode Island | 3 years | Longer deadlines apply for certain government liability claims |
| South Carolina | 3 years | Medical malpractice capped at 6 years |
| South Dakota | 3 years | Medical malpractice limited to 2 years |
| Tennessee | 1 year | Minimal tolling for minors |
| Texas | 2 years | 10-year statute of repose; discovery rule applied narrowly |
| Utah | 4 years | Medical malpractice limited to 2 years |
| Vermont | 3 years | — |
| Virginia | 2 years | — |
| Washington | 3 years | Medical malpractice: 8-year statute of repose |
| West Virginia | 2 years | Discovery rule recognized; minor tolling applies |
| Wisconsin | 3 years | Medical malpractice: 5-year statute of repose |
| Wyoming | 4 years | Medical malpractice limited to 2 years |
| District of Columbia | 3 years | — |
Quick summary: Most states give you 2 to 3 years to file a standard personal injury claim. Maine and North Dakota are the most generous at 6 years. Kentucky and Tennessee are the strictest at just 1 year — and Louisiana matched them until a 2024 law change extended the deadline to 2 years.
Disclaimer: State laws change, and this table reflects general negligence claims only. Always confirm the current statute with a licensed attorney in the state where the injury occurred before relying on any deadline listed here.
When Does the Clock Actually Start Running?
For most personal injury cases, the statute of limitations begins on the date of the injury or accident. But that’s not universal, and the exceptions matter a lot.
The Discovery Rule
Not every injury is obvious right away. Someone exposed to a toxic chemical, misdiagnosed by a doctor, or harmed by a defective product implanted in their body may not realize they were injured — or that someone else’s negligence caused it — until months or years later.
Under the discovery rule, recognized in some form by most states, the filing clock doesn’t start until the injured person knew or reasonably should have known about both the injury and its likely cause. This rule shows up most often in:
- Medical malpractice cases involving delayed diagnoses
- Toxic exposure and environmental contamination claims
- Defective product cases where harm develops gradually
The discovery rule can significantly extend your filing window, but it’s also one of the most heavily litigated issues in personal injury law — insurance companies routinely argue that the injured person “should have known” earlier than they claim.
Statute of Repose vs. Statute of Limitations
These two terms get confused constantly, but they work differently:
- A statute of limitations is triggered by the injury (or its discovery).
- A statute of repose is triggered by a fixed event — like the date a product was manufactured or a building was constructed — regardless of when the injury actually happened.
A statute of repose creates an absolute outer deadline that even the discovery rule usually can’t extend. If you’re dealing with a defective product or a construction-related injury, it’s worth asking a lawyer whether a statute of repose applies in addition to the standard statute of limitations.
Tolling: When the Clock Pauses
“Tolling” means the countdown is temporarily paused or delayed. Common tolling situations include:
- Minors. In many states, the clock doesn’t start until the injured person turns 18, giving them time after reaching adulthood to file on their own behalf. However, several states — including Connecticut, Louisiana, Kansas, Tennessee, Idaho, and Ohio — limit or eliminate this protection, so age-based extensions can’t be assumed everywhere.
- Mental incapacity. If the injured person is legally incapacitated at the time of injury, the clock may not start until they regain capacity.
- Defendant leaves the state. Some states pause the clock if the defendant is absent from the state for a period after the injury.
- Fraudulent concealment. If a defendant actively hides their role in causing the injury, some states will toll the deadline until the concealment is discovered.
Tolling rules are extremely state-specific and easy to misapply, which is exactly why relying on a generic online chart (including this one) isn’t a substitute for a licensed opinion on your specific facts.
Special Deadlines That Don’t Follow the General Rule
The table above reflects general negligence deadlines. Several categories of injury claims run on entirely different timelines, even within the same state.
Medical Malpractice
As the table shows, many states carve out a shorter deadline for medical malpractice — often 2 years — regardless of the standard personal injury statute of limitations. Some states pair this with a statute of repose that cuts off claims a fixed number of years after treatment, even if the harm wasn’t discovered until later.
Claims Against Government Entities
If your injury involves a government agency, city vehicle, public school, or municipal property, you likely can’t just wait out the regular statute of limitations. Most states require a notice of claim — a formal written notice — within a much shorter window, often 90 to 180 days from the injury. Miss that notice deadline, and you may lose the right to sue even if the general statute of limitations hasn’t expired yet.
Wrongful Death
Wrongful death claims are filed by surviving family members rather than the injured person, and the clock for these claims typically starts on the date of death, not the date of the original injury — which can matter significantly if someone survives an accident for months before ultimately passing away. If this applies to your situation, our wrongful death guide covers what to expect from this type of claim.
Product Liability
Defective product cases frequently combine the standard statute of limitations with a statute of repose tied to the manufacture date, which can shorten the practical filing window well below what the general table suggests.
Common Myths That Cost People Their Case
- “I’m still negotiating with the insurance company, so I have more time.” False. Settlement talks don’t pause or extend the statute of limitations. You can be in active negotiations and still lose your right to sue the moment the deadline passes.
- “The accident happened in a state I don’t live in, so my home state’s law applies.” Not necessarily. Courts typically apply the law of the state where the injury occurred, which can mean a shorter deadline than you expect if you were hurt while traveling.
- “I reported the injury to my insurance company, so my claim is preserved.” Reporting an injury and filing a lawsuit are two completely different actions. Only filing suit (or the required notice for government claims) stops the clock.
- “There’s a discovery rule, so I have as long as I need.” The discovery rule shifts the starting point of the clock — it doesn’t eliminate the deadline or give you unlimited time once the injury is discovered.
What to Do If You’re Not Sure How Much Time You Have Left
- Identify the exact date of injury — and, if applicable, the date you discovered the harm or its cause.
- Determine what type of claim you have. A general negligence claim, medical malpractice, product liability, and a government claim can all carry different deadlines for the same underlying accident.
- Check whether a government entity is involved. If so, treat the notice-of-claim deadline as your real deadline — it’s usually far shorter than the general statute of limitations.
- Gather your documentation early, even if your deadline is years away. Evidence degrades quickly, and a strong claim filed within the deadline is still easier to prove with fresh evidence. Our accident statement worksheet can help you organize dates, witnesses, and other key facts while they’re still fresh.
- Talk to a lawyer well before the deadline, not the week before. Attorneys often need weeks to investigate and prepare a filing, and many won’t take a case with only days left on the clock.
If your injury involved a car accident, a fall on someone else’s property, a defective product, or a workplace incident, the type of case can change both your deadline and your legal strategy. Our personal injury legal guide breaks down what to prepare before speaking with a lawyer, and our more specific guides — car accidents, motorcycle accidents, slip and fall, and medical malpractice — go deeper on each situation.
Frequently Asked Questions
What happens if I miss the personal injury statute of limitations? In almost every case, your lawsuit will be dismissed if the defendant raises the statute of limitations as a defense, regardless of how strong your evidence is. There are narrow exceptions involving tolling, but you generally can’t recover damages once the deadline passes.
Does the statute of limitations start on the day of the accident? Usually, yes — but the discovery rule can delay the start date in cases where the injury or its cause wasn’t immediately apparent, such as some medical malpractice or toxic exposure claims.
Is the personal injury statute of limitations different for car accidents? In most states, car accidents follow the general personal injury deadline. A few states, like Colorado and Kentucky, set a distinct (often longer) deadline specifically for motor vehicle claims.
How long do I have to sue after a slip and fall? The same general personal injury statute of limitations applies to slip and fall (premises liability) cases in most states, typically 2 to 3 years, though this varies by state as shown in the table above.
Can I still get compensation if I settle after the statute of limitations passes? Only if the lawsuit was filed before the deadline. Filing preserves your right to pursue the claim; the settlement negotiations themselves can continue afterward without a new deadline applying.
Do minors have longer to file a personal injury claim? In many states, yes — the clock is often paused (tolled) until the minor turns 18. However, several states limit or eliminate this protection, so it should never be assumed without checking the specific state’s law.
What’s the difference between a statute of limitations and a statute of repose? A statute of limitations is triggered by the injury or its discovery. A statute of repose is triggered by a fixed event, like a product’s manufacture date, and creates an absolute cutoff that generally can’t be extended even by the discovery rule.
How long do I have to sue a government agency for an injury? Often much less than the standard personal injury deadline. Many states require a formal notice of claim within 90 to 180 days of the injury, separate from and shorter than the general statute of limitations.
Know Your Deadline Before It’s Too Late
The personal injury statute of limitations isn’t just fine print — it’s the single deadline that determines whether you get to make your case at all. Most states allow 2 to 3 years, but that number shifts based on where you were injured, what type of claim you have, and whether a government entity is involved. The discovery rule, tolling for minors, and statutes of repose can all move that deadline in either direction, which is exactly why a quick lawyer consultation is worth far more than guesswork.
Don’t wait until the deadline is close to find out where you stand. Ask a free legal question on AskLocalLaw to get pointed toward the right next step for your state and situation, or explore our full library of legal guides to prepare before you talk to a lawyer.
Know someone who’s been putting off a legal question after an accident? Share this guide with them — a missed deadline is one mistake that can’t be undone.