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Statute of Limitations for Personal Injury: State-by-State Deadlines

The statute of limitations for personal injury claims is a state-enforced legal deadline that typically gives victims between one and four years to file a lawsuit. Missing this deadline permanently bars your right to recover financial compensation. Special exceptions like the discovery rule or claims against government entities can significantly alter these filing timeframes.

If you’ve been injured in an accident, you’re likely dealing with medical bills, lost wages, and a lot of stress. The last thing you need is to worry about a legal deadline you didn’t even know existed. But that’s exactly what a “statute of limitations” is a critical deadline that can make or break your ability to get the compensation you deserve. For the broader legal picture, see our State Laws guide.

Missing this deadline doesn’t just complicate things; it can mean losing your right to file a lawsuit entirely.

We’re here to help you understand these time limits so you can protect your rights. This guide will walk you through everything you need to know in simple, clear terms. Check your state’s deadline in our table below and remember to use our free Injury Claim Estimator Tool to get a better sense of what your case could be worth.

Illustration showing a calendar with a circled date and a U.S. map, representing the statute of limitations for personal injury claims by state.

Understand Why Personal Injury Filing Deadlines Are Critical

Statutes of limitations exist for a couple of key reasons, mainly centered on fairness. Over time, evidence can be lost, surveillance videos get deleted, and the memories of witnesses fade. These laws ensure that legal claims are brought forward while the evidence is still fresh and reliable for both sides.

Unfortunately, many people make common mistakes that jeopardize their claims:

  • Waiting for a full recovery: You don’t need to be completely healed to start the legal process.

  • Assuming settlement talks pause the clock: Negotiating with an insurance company does not stop the statute of limitations from running. An adjuster might drag out talks until your deadline passes, leaving you with no options.

Filing your claim early gives you the strongest position, preserving evidence and giving you ample time to build a strong case.

Yes, but they are specific and don’t apply to every case. The law recognizes that sometimes, it’s not fair to start the clock right away. Here are the most common exceptions that can “toll” (pause) or delay the deadline:

  • Apply the Discovery Rule for Delayed or Latent Injury Symptoms: In some situations, the filing deadline may not begin on the exact date an injury occurred. Certain states recognize a discovery rule that can delay the start of the filing period until the injured person discovered, or reasonably should have discovered, the injury or its possible cause. However, discovery rules are not the same in every state and do not apply to every type of personal injury claim. Medical malpractice, latent injuries, toxic exposure, and other specialized claims may also have separate deadlines or statutes of repose. You should not assume that discovering an injury later automatically extends the time to file a lawsuit.

  • Claims Involving Minors: Personal injury claims involving minors may have special filing rules. In some states, the statute of limitations is paused or extended while the injured person is under the age of 18. However, the exact rule depends on the state and the type of claim. Some laws contain exceptions or maximum filing periods, particularly for certain medical malpractice or government claims. A parent or guardian should not assume that waiting until the injured child becomes an adult is always safe.

  • Mental Incapacity: Some states allow the filing deadline to be paused when an injured person is legally incapacitated or otherwise unable to manage their legal affairs. The definition of incapacity and the effect it has on the statute of limitations vary by state. In some circumstances, a guardian or other legal representative may be able to bring a claim on the injured person’s behalf.

  • When the Defendant Leaves the State: Some states have laws that can affect the filing deadline when a defendant leaves the state or cannot be reached for service of legal process. However, these rules vary significantly, and modern rules allowing service on out-of-state defendants may affect whether a defendant’s absence actually pauses the statute of limitations. You should not assume that the deadline is automatically extended simply because the defendant moved to another state.

These exceptions can be complex, and it’s always best to speak with a legal professional to see if they apply to your situation.

Review 2026 Personal Injury Statutes of Limitations by State

Below is a state-by-state overview of the general deadlines for filing personal injury lawsuits. These deadlines can vary depending on the type of claim, when the injury occurred, and who is being sued. Special rules may apply to claims involving government entities, minors, medical malpractice, motor vehicle accidents, wrongful death, or injuries that were not immediately discovered.

The information below is intended as a general guide. Because statutes and court rules can change, and because different deadlines may apply to different types of claims, you should always review the law that applies to your specific situation.

Disclaimer: This information is provided for general educational purposes and has been reviewed for 2026. Laws can change, and the deadline that applies to a particular claim may depend on the facts of the case, the type of claim, when the injury occurred, and who is being sued. This guide does not provide legal advice and does not replace consultation with a qualified attorney. The links provided direct readers to official state legislature, statutory, or government sources where available.

State-by-State Statute of Limitations Summary

Click on any state name below to jump directly to its detailed breakdown, key exceptions, and official statutory citations.

StateStandard Time LimitKey Notes & ExceptionsOfficial Source & Citation
Alabama2 yearsClaims against government have a 6-month notice period.Alabama Legislature (Ala. Code § 6-2-38)
Alaska2 yearsTolling for minors until age 19.Alaska Legislature (Alaska Stat. § 09.10.070)
Arizona2 yearsClaims against government require a notice within 180 days.Arizona State Legislature (Ariz. Rev. Stat. § 12-542)
Arkansas3 yearsMedical malpractice is 2 years.Arkansas General Assembly (Ark. Code § 16-56-105)
California2 yearsClaims vs. gov’t need notice within 6 months.California Legislative Information (Cal. Civ. Proc. Code § 335.1)
Colorado2 yearsMotor vehicle accident claims are 3 years.Colorado General Assembly (Colo. Rev. Stat. § 13-80-101 & 102)
Connecticut2 yearsDiscovery rule may extend deadline up to 3 years from the act.Connecticut General Assembly (Conn. Gen. Stat. § 52-584)
Delaware2 yearsTolling for minors until their 18th birthday.Delaware Code (Del. Code tit. 10, § 8119)
Florida2 yearsRecently changed from 4 years (HB 837). Med mal is 2 years.Florida Statutes (Fla. Stat. § 95.11)
Georgia2 yearsClaims vs. government entities have shorter notice periods.Georgia General Assembly (Ga. Code § 9-3-33)
Hawaii2 yearsTolling for minors until age 18.Hawaii State Legislature (Haw. Rev. Stat. § 657-7)
Idaho2 yearsNotice for claims against gov’t required within 180 days.Idaho Statutes (Idaho Code § 5-219)
Illinois2 yearsClaims against local government have a 1-year limit.Illinois General Assembly (735 ILCS 5/13-202)
Indiana2 yearsNotice for claims against gov’t entities required within 180 days.Indiana General Assembly (Ind. Code § 34-11-2-4)
Iowa2 yearsClaims against the state have specific notice requirements.Iowa Legislature (Iowa Code § 614.1)
Kansas2 yearsTolling for minors until one year after they turn 18.Kansas Legislature (Kan. Stat. § 60-513)
Kentucky1 yearMotor vehicle accident claims are 2 years.Kentucky Legislature (Ky. Rev. Stat. § 413.140)
Louisiana2 yearsLouisiana changed its general prescription period for delictual actions in 2024 to 2 years.Louisiana State Legislature (La. Civ. Code art. 3493.1)
Maine6 yearsOne of the longest deadlines in the U.S.Maine Legislature (Me. Rev. Stat. tit. 14, § 752)
Maryland3 yearsClaims against gov’t need notice within 1 year.Maryland General Assembly (Md. Cts. & Jud. Proc. Code § 5-101)
Massachusetts3 yearsClaims against public employers require notice within 2 years.Massachusetts Legislature (Mass. Gen. Laws ch. 260, § 2A)
Michigan3 yearsNo-fault state for auto accidents with different deadlines for benefits.Michigan Legislature (Mich. Comp. Laws § 600.5805)
Minnesota2 yearsMedical malpractice has a 4-year limit.Minnesota Legislature (Minn. Stat. § 541.07)
Mississippi3 yearsClaims vs. gov’t have a 1-year limit after a 90-day notice.Mississippi Secretary of State (Miss. Code § 15-1-49)
Missouri5 yearsWrongful death is 3 years.Missouri Revisor of Statutes (Mo. Rev. Stat. § 516.120)
Montana3 yearsMedical malpractice is 2 years from discovery.Montana State Legislature (Mont. Code § 27-2-204)
Nebraska4 yearsMedical malpractice is 2 years.Nebraska Legislature (Neb. Rev. Stat. § 25-207)
Nevada2 yearsClaims against the state have a 2-year limit.Nevada Legislature (Nev. Rev. Stat. § 11.190)
New Hampshire3 yearsClaims against gov’t have specific notice requirements.New Hampshire General Court (N.H. Rev. Stat. § 508:4)
New Jersey2 yearsNotice of claim against a public entity must be filed within 90 days.New Jersey Legislature (N.J. Stat. § 2A:14-2)
New Mexico3 yearsClaims against gov’t need notice within 90 days.New Mexico Compilation Comm. (N.M. Stat. § 37-1-8)
New York3 yearsNotice vs. gov’t entities required within 90 days.N.Y. State Senate (N.Y. C.P.L.R. § 214)
North Carolina3 yearsWrongful death is 2 years.N.C. General Assembly (N.C. Gen. Stat. § 1-52)
North Dakota6 yearsWrongful death is 2 years.North Dakota Legislature (N.D. Cent. Code § 28-01-16)
Ohio2 yearsDiscovery rule applies.Ohio Laws & Admin. Rules (Ohio Rev. Code § 2305.10)
Oklahoma2 yearsNotice of tort claim vs. gov’t must be filed within 1 year.Oklahoma State Courts Network (Okla. Stat. tit. 12, § 95)
Oregon2 yearsNotice periods for public bodies (180 days).Oregon State Legislature (Or. Rev. Stat. § 12.110)
Pennsylvania2 yearsNotice vs. gov’t entities required within 6 months.Pennsylvania General Assembly (42 Pa. Cons. Stat. § 5524)
Rhode Island3 yearsWrongful death is 3 years.Rhode Island General Assembly (R.I. Gen. Laws § 9-1-14)
South Carolina3 yearsClaims against gov’t have a 2-year limit.S.C. State House (S.C. Code § 15-3-530)
South Dakota3 yearsMedical malpractice is 2 years.South Dakota Legislature (S.D. Codified Laws § 15-2-14)
Tennessee1 yearOne of the shortest deadlines in the U.S.Tennessee State Legislature (Tenn. Code § 28-3-104)
Texas2 yearsNotice vs. gov’t entities required within 6 months.Texas Statutes (Tex. Civ. Prac. & Rem. Code § 16.003)
Utah4 yearsClaims against gov’t have a 1-year limit after notice.Utah State Legislature (Utah Code § 78B-2-307)
Vermont3 yearsDiscovery rule generally applies.Vermont Legislature (Vt. Stat. tit. 12, § 512)
Virginia2 yearsTolling for minors until age 18.Virginia Law Library (Va. Code § 8.01-243)
Washington3 yearsClaims against gov’t require filing a standard tort claim form.Washington State Legislature (Wash. Rev. Code § 4.16.080)
West Virginia2 yearsTolling for minors until age 18.W.V. Legislature (W. Va. Code § 55-2-12)
Wisconsin3 yearsNotice to gov’t defendants must be given within 120 days.Wisconsin State Legislature (Wis. Stat. § 893.54)
Wyoming4 yearsClaims against gov’t must be presented within 2 years.Wyoming State Legislature (Wyo. Stat. § 1-3-105)

Statute of Limitations for Personal Injury in Alabama

Deadline: In Alabama, you generally have two years from the date of the injury to file a personal injury lawsuit.

Official Source: This law is in the Alabama Code § 6-2-38. You can verify this at the Alabama Legislature website.

Key Exceptions:

  • Minors: For an injured minor, the clock is paused (tolled) until their 19th birthday.
  • Government Claims: You must file a formal notice of claim with a city/county within 6 months of the injury.

Statute of Limitations for Personal Injury in Alaska

Deadline: In Alaska, the standard deadline is two years from the date of the injury.

Official Source: This law is in the Alaska Statutes § 09.10.070. You can verify this at the Alaska Legislature website.

Key Exceptions:

  • Discovery Rule: The two-year clock may start on the date you discovered the injury, not the date it happened.
  • Minors: The deadline is tolled until a minor’s 19th birthday.

Statute of Limitations for Personal Injury in Arizona

Deadline: In Arizona, you generally have two years from the date of the injury.

Official Source: This law is in the Arizona Revised Statutes § 12-542. You can verify this at the Arizona State Legislature website.

Key Exceptions:

  • Government Claims: You must file a formal “Notice of Claim” with the government entity within 180 days of the injury.

Statute of Limitations for Personal Injury in Arkansas

Deadline: In Arkansas, the general deadline is three years from the date of the injury.

Official Source: This law is in the Arkansas Code § 16-56-105. You can verify this at the Arkansas General Assembly website.

Key Exceptions:

  • Medical Malpractice: These claims have a shorter, two-year deadline.
  • Minors: The deadline is paused until a minor’s 19th birthday.

Statute of Limitations for Personal Injury in California

Deadline: In California, you generally have two years from the date of the injury.

Official Source: This law is in the California Code of Civil Procedure § 335.1. You can verify this at the California Legislative Information website.

Key Exceptions:

  • Government Claims: You must file a formal claim with a city, county, or state agency within 6 months of the incident.

Statute of Limitations for Personal Injury in Colorado

In Colorado, the statute of limitations depends heavily on the type of accident that caused your injury:

Statute of Limitations for Personal Injury in Connecticut

Deadline: In Connecticut, you generally have two years from the date of the injury.

Official Source: This law is in the Connecticut General Statutes § 52-584. You can verify this at the Connecticut General Assembly website.

Key Exceptions:

  • Statute of Repose: A lawsuit generally cannot be filed more than three years after the act that caused the injury, regardless of discovery.
  • Government Claims: You must provide written notice, often within 90 days for defective road claims or 6 months for general claims.

Statute of Limitations for Personal Injury in Delaware

Deadline: In Delaware, the standard deadline is two years from the date of the injury.

Official Source: This law is in the Delaware Code Title 10, § 8119. You can verify this at the Delaware Code website.

Key Exceptions:

  • Minors: For an injured minor, the deadline is paused until their 18th birthday.
  • Medical Malpractice: The deadline is two years, but a discovery rule may apply.

Statute of Limitations for Personal Injury in Florida

Deadline: In Florida, the general deadline is now two years from the date of the injury.

Official Source: This law is in the Florida Statutes § 95.11. You can verify this at the Official Florida Statutes website. Also Florida’s 2023 tort reform also changed how shared fault is handled. See our guide on pure comparative negligence in California vs. Florida for what changed.

Key Exceptions:

  • Recent Change: This deadline was reduced from four years to two years for incidents occurring on or after March 24, 2023.
  • Government Claims: You must provide notice to the government entity within three years of the incident.

Statute of Limitations for Personal Injury in Georgia

Deadline: In Georgia, you generally have two years from the date of the injury.

Official Source: This law is in the Georgia Code § 9-3-33. You can verify this at the Georgia General Assembly website.

Key Exceptions:

  • Government Claims: You must provide a formal notice (ante litem notice) to a city within 6 months or a county/the state within 12 months.

Statute of Limitations for Personal Injury in Hawaii

Deadline: In Hawaii, the standard deadline is two years from the date of the injury.

Official Source: This law is in the Hawaii Revised Statutes § 657-7. You can verify this at the Hawaii State Legislature website.

Key Exceptions:

  • Minors: The two-year clock is paused for injured minors until they turn 18.
  • Auto Accidents: Claims for no-fault benefits must be filed within two years.

Statute of Limitations for Personal Injury in Idaho

Deadline: In Idaho, you generally have two years from the date of the injury.

Official Source: This law is in the Idaho Statutes § 5-219. You can verify this at the Idaho Statutes website.

Key Exceptions:

  • Government Claims: You must file a formal “Notice of Tort Claim” with the government entity within 180 days of the injury.

Statute of Limitations for Personal Injury in Illinois

Deadline: In Illinois, the standard deadline is two years from the date of the injury.

Official Source: This law is in the Illinois Compiled Statutes, 735 ILCS 5/13-202. You can verify this at the Illinois General Assembly website.

Key Exceptions:

  • Government Claims: Claims against local governments have a shorter, one-year statute of limitations.
  • Minors: The deadline is paused until two years after the minor’s 18th birthday.

Statute of Limitations for Personal Injury in Indiana

Deadline: In Indiana, you generally have two years from the date of the injury.

Official Source: This law is in the Indiana Code § 34-11-2-4. You can verify this at the Indiana General Assembly website.

Key Exceptions:

  • Government Claims: You must file a “Tort Claim Notice” with the state government within 270 days of the injury (or 180 days for local governments).

Statute of Limitations for Personal Injury in Iowa

Deadline: In Iowa, the standard deadline is two years from the date of the injury.

Official Source: This law is in the Iowa Code § 614.1. You can verify this at the Iowa Legislature website.

Key Exceptions:

  • Government Claims: Claims against a municipality require you to provide notice within 6 months and file the lawsuit within two years.

Statute of Limitations for Personal Injury in Kansas

Deadline: In Kansas, you generally have two years from the date of the injury.

Official Source: This law is in the Kansas Statutes § 60-513. You can verify this at the Kansas Legislature website.

Key Exceptions:

  • Minors: An injured minor has until their 19th birthday (one year after turning 18) to file a lawsuit.
  • Discovery Rule: The clock begins when the injury becomes “reasonably ascertainable.”

Statute of Limitations for Personal Injury in Kentucky

Deadline: In Kentucky, the standard deadline is a very short one year from the date of the injury.

Official Source: This law is in the Kentucky Revised Statutes § 413.140. You can verify this at the Kentucky Legislature website.

Key Exceptions:

  • Motor Vehicle Accidents: The deadline is longer, at two years from the date of the accident or the last insurance payment.

Statute of Limitations for Personal Injury in Louisiana

Deadline: In Louisiana, the standard prescriptive period for torts is two years from the date of injury (updated under recent statutory amendments).

Official Source: This law is in the Louisiana Civil Code art. 3493.1. You can verify this at the Louisiana Legislature website.

Key Exceptions:

  • Minors: Prescriptive deadlines are tolled for minors depending on the specific cause of action and legal status upon reaching majority.

Statute of Limitations for Personal Injury in Maine

Deadline: In Maine, you have a very long six years from the date of the injury.

Official Source: This law is in the Maine Revised Statutes Title 14, § 752. You can verify this at the Maine Legislature website.

Key Exceptions:

  • Medical Malpractice: These claims have a shorter, three-year deadline.
  • Government Claims: You must file a written notice of claim within 180 days of the injury.

Statute of Limitations for Personal Injury in Maryland

Deadline: In Maryland, the standard deadline is three years from the date of the injury.

Official Source: This law is in the Maryland Cts. & Jud. Proc. Code § 5-101. You can verify this at the Maryland General Assembly website.

Key Exceptions:

  • Government Claims: You must file a formal written notice with the state within one year of the injury.

Statute of Limitations for Personal Injury in Massachusetts

Deadline: In Massachusetts, you generally have three years from the date of the injury.

Official Source: This law is in the Massachusetts General Laws Ch. 260, § 2A. You can verify this at the Massachusetts Legislature website.

Key Exceptions:

  • Government Claims: You must present a public entity with a written notice of claim within two years of the injury.

Statute of Limitations for Personal Injury in Michigan

Deadline: In Michigan, the standard deadline is three years from the date of the injury.

Official Source: This law is in the Michigan Compiled Laws § 600.5805. You can verify this at the Michigan Legislature website.

Key Exceptions:

  • Auto Accidents: You must file an application for no-fault benefits within one year of the accident.
  • Government Claims: You must provide written notice to a government entity within 120 days.

Statute of Limitations for Personal Injury in Minnesota

Deadline: In Minnesota, the general deadline is two years from the date of the injury.

Official Source: This law is in the Minnesota Statutes § 541.07. You can verify this at the Minnesota Legislature website.

Key Exceptions:

  • Medical Malpractice: This has a longer, four-year deadline.
  • Intentional Torts: Many intentional acts like assault have a two-year limit.

Statute of Limitations for Personal Injury in Mississippi

Deadline: In Mississippi, you generally have three years from the date of the injury.

Official Source: This law is in the Mississippi Code § 15-1-49. You can verify this at the Mississippi Secretary of State website.

Key Exceptions:

  • Intentional Torts: Cases involving assault or defamation have a one-year deadline.
  • Government Claims: You must file a notice of claim at least 90 days before suing and file the lawsuit within one year of the injury.

Statute of Limitations for Personal Injury in Missouri

Deadline: In Missouri, you have five years from the date of the injury.

Official Source: This law is in the Missouri Revised Statutes § 516.120. You can verify this at the Missouri Revisor of Statutes website.

Key Exceptions:

  • Medical Malpractice: This has a shorter, two-year deadline.
  • Wrongful Death: This has a shorter, three-year deadline.

Statute of Limitations for Personal Injury in Montana

Deadline: In Montana, the standard deadline is three years from the date of the injury.

Official Source: This law is in the Montana Code § 27-2-204. You can verify this at the Montana State Legislature website.

Key Exceptions:

  • Medical Malpractice: This has a shorter, two-year deadline from the date of discovery.

Statute of Limitations for Personal Injury in Nebraska

Deadline: In Nebraska, you generally have four years from the date of the injury.

Official Source: This law is in the Nebraska Revised Statutes § 25-207. You can verify this at the Nebraska Legislature website.

Key Exceptions:

  • Medical Malpractice: This has a shorter, two-year deadline.
  • Government Claims: You must file a tort claim within one year of the injury.

Statute of Limitations for Personal Injury in Nevada

Deadline: In Nevada, the standard deadline is two years from the date of the injury.

Official Source: This law is in the Nevada Revised Statutes § 11.190. You can verify this at the Nevada Legislature website.

Key Exceptions:

  • Medical Malpractice: This has a shorter deadline of one year from the date of discovery.

Statute of Limitations for Personal Injury in New Hampshire

Deadline: In New Hampshire, you generally have three years from the date of the injury.

Official Source: This law is in the New Hampshire Revised Statutes § 508:4. You can verify this at the New Hampshire General Court website.

Key Exceptions:

  • Government Claims: You must provide a formal notice to government entities within 60 days of the injury.
  • Discovery Rule: The three-year period begins when the injury was, or should have been, discovered.

Statute of Limitations for Personal Injury in New Jersey

Deadline: In New Jersey, the standard deadline is two years from the date of the injury.

Official Source: This law is in the New Jersey Statutes § 2A:14-2. You can verify this at the New Jersey Legislature website.

Key Exceptions:

  • Government Claims: You must file a “Notice of Tort Claim” within a very short 90 days of the injury.

Statute of Limitations for Personal Injury in New Mexico

Deadline: In New Mexico, the general deadline is three years from the date of the injury.

Official Source: This law is in the New Mexico Statutes § 37-1-8. You can verify this at the New Mexico Compilation Commission website.

Key Exceptions:

  • Government Claims: You must file a “Tort Claims Act Notice” within 90 days of the injury.

Statute of Limitations for Personal Injury in New York

Deadline: In New York, you generally have three years from the date of the injury.

Official Source: This law is in the N.Y. C.P.L.R. § 214. You can verify this at the N.Y. State Senate website.

Key Exceptions:

  • Government Claims: You must file a “Notice of Claim” against most government entities within 90 days of the incident.

Statute of Limitations for Personal Injury in North Carolina

Deadline: In North Carolina, the standard deadline is three years from the date of the injury.

Official Source: This law is in the N.C. Gen. Stat. § 1-52. You can verify this at the N.C. General Assembly website.

Key Exceptions:

  • Wrongful Death: This has a shorter, two-year deadline from the date of death.

Statute of Limitations for Personal Injury in North Dakota

Deadline: In North Dakota, you have a long six years from the date of the injury.

Official Source: This law is in the N.D. Cent. Code § 28-01-16. You can verify this at the North Dakota Legislature website.

Key Exceptions:

  • Medical Malpractice: This has a shorter, two-year deadline from the date of discovery.

Statute of Limitations for Personal Injury in Ohio

Deadline: In Ohio, the standard deadline is two years from the date of the injury.

Official Source: This law is in the Ohio Revised Code § 2305.10. You can verify this at the Ohio Laws & Admin. Rules website.

Key Exceptions:

  • Discovery Rule: The two-year clock begins when the injury is discovered or should have been discovered.

Statute of Limitations for Personal Injury in Oklahoma

Deadline: In Oklahoma, the standard deadline is two years from the date of the injury.

Official Source: This law is in the Okla. Stat. tit. 12, § 95. You can verify this at the Oklahoma State Courts Network website.

Key Exceptions:

  • Government Claims: You must file a formal notice under the Tort Claims Act within one year of the injury.

Statute of Limitations for Personal Injury in Oregon

Deadline: In Oregon, you generally have two years from the date of the injury.

Official Source: This law is in the Or. Rev. Stat. § 12.110. You can verify this at the Oregon State Legislature website.

Key Exceptions:

  • Government Claims: Notice periods for public bodies require submission within 180 days.

Statute of Limitations for Personal Injury in Pennsylvania

Deadline: In Pennsylvania, you generally have two years from the date of the injury.

Official Source: This law is in 42 Pa. Cons. Stat. § 5524. You can verify this at the Pennsylvania General Assembly website.

Key Exceptions:

  • Government Claims: You must provide written notice to the government entity within 6 months of the injury.

Statute of Limitations for Personal Injury in Rhode Island

Deadline: In Rhode Island, the standard deadline is three years from the date of the injury.

Official Source: This law is in the R.I. Gen. Laws § 9-1-14. You can verify this at the Rhode Island General Assembly website.

Key Exceptions:

  • Minors: The deadline is tolled until a minor turns 18.

Statute of Limitations for Personal Injury in South Carolina

Deadline: In South Carolina, you generally have three years from the date of the injury.

Official Source: This law is in the S.C. Code § 15-3-530. You can verify this at the S.C. State House website.

Key Exceptions:

  • Government Claims: Under the Tort Claims Act, the deadline is shorter, at two years.

Statute of Limitations for Personal Injury in South Dakota

Deadline: In South Dakota, the standard deadline is three years from the date of the injury.

Official Source: This law is in the S.D. Codified Laws § 15-2-14. You can verify this at the South Dakota Legislature website.

Key Exceptions:

  • Medical Malpractice: This has a shorter, two-year deadline.
  • Government Claims: You must give written notice to the public entity within 180 days of the injury.

Statute of Limitations for Personal Injury in Tennessee

Deadline: In Tennessee, the deadline is a very short one year from the date of the injury.

Official Source: This law is in the Tenn. Code § 28-3-104. You can verify this at the Tennessee State Legislature website.

Key Exceptions:

  • Discovery Rule: The one-year clock begins when the injury is discovered or should have been discovered.
  • Minors: The deadline is paused until the minor’s 18th birthday.

Statute of Limitations for Personal Injury in Texas

Deadline: In Texas, you generally have two years from the date of the injury.

Official Source: This law is in the Tex. Civ. Prac. & Rem. Code § 16.003. You can verify this at the Texas Statutes website.

Key Exceptions:

  • Government Claims: You must give formal notice to the government entity within 6 months of the incident.

Statute of Limitations for Personal Injury in Utah

Deadline: In Utah, the standard deadline is four years from the date of the injury.

Official Source: This law is in the Utah Code § 78B-2-307. You can verify this at the Utah State Legislature website.

Key Exceptions:

  • Government Claims: You must file a formal notice of claim within one year of the injury.

Statute of Limitations for Personal Injury in Vermont

Deadline: In Vermont, you generally have three years from the date of the injury.

Official Source: This law is in the Vt. Stat. tit. 12, § 512. You can verify this at the Vermont Legislature website.

Key Exceptions:

  • Discovery Rule: The three-year clock begins when the injury was, or should have been, discovered.

Statute of Limitations for Personal Injury in Virginia

Deadline: In Virginia, the standard deadline is two years from the date of the injury.

Official Source: This law is in the Va. Code § 8.01-243. You can verify this at the Virginia Law Library website.

Key Exceptions:

  • Government Claims: You must file a written notice of claim with the county, city, or town within 6 months of the injury.

Statute of Limitations for Personal Injury in Washington

Deadline: In Washington, the standard deadline is three years from the date of the injury.

Official Source: This law is in the Wash. Rev. Code § 4.16.080. You can verify this at the Washington State Legislature website.

Key Exceptions:

  • Government Claims: You must first file a standard tort claim form with the government agency and then wait 60 days before filing a lawsuit.

Statute of Limitations for Personal Injury in West Virginia

Deadline: In West Virginia, you generally have two years from the date of the injury.

Official Source: This law is in the W. Va. Code § 55-2-12. You can verify this at the W.V. Legislature website.

Key Exceptions:

  • Minors: The deadline is tolled until the minor turns 18.
  • Discovery Rule: The discovery rule applies in West Virginia.

Statute of Limitations for Personal Injury in Wisconsin

Deadline: In Wisconsin, the standard deadline is three years from the date of the injury.

Official Source: This law is in the Wis. Stat. § 893.54. You can verify this at the Wisconsin State Legislature website.

Key Exceptions:

  • Government Claims: You must serve a written notice of claim on the government entity within 120 days of the incident.

Statute of Limitations for Personal Injury in Wyoming

Deadline: In Wyoming, the standard deadline is four years from the date of the injury.

Official Source: This law is in the Wyo. Stat. § 1-3-105. You can verify this at the Wyoming State Legislature website.

Key Exceptions:

  • Government Claims: A claim against a government entity must be presented within two years of the injury.

What Happens If You Miss the Statute of Limitations?

The consequences are severe and almost always final. If you try to file a lawsuit after the deadline has passed, the defendant’s lawyer will file a motion to dismiss your case, and the court will almost certainly grant it. You will lose your legal right to seek compensation through the court system. Insurance companies know this, and they will likely refuse to negotiate a settlement, knowing you have no legal leverage left.

How to Protect Your Rights Before Time Runs Out

  • Document Everything Immediately: Take photos of the accident scene and your injuries. Keep a journal of your symptoms and medical treatments.

  • Report the Incident: File a police report for a car crash or an incident report for a slip and fall.

  • Don’t Delay Medical Care: See a doctor as soon as possible to diagnose and document your injuries.

  • Contact an Attorney Promptly: The most reliable way to protect your rights is to speak with a personal injury lawyer long before the deadline approaches.

FAQs on Statute of Limitations for Personal Injury

Is the insurance claim deadline different from the lawsuit deadline?

Yes, absolutely. Your insurance policy likely requires you to report an accident "promptly" or within a specific, short timeframe (like 24-72 hours). This is separate from the legal statute of limitations for filing a lawsuit.

Does filing a police report stop the clock?

No. Filing a police report is an important step for documenting evidence, but it does not pause or satisfy the statute of limitations for filing a civil lawsuit.

Do minors have longer to file?

Yes. In most states, the deadline is "tolled" or paused until the minor turns 18. After that, they have the standard period (e.g., two years) to file their claim.

What if the other driver fled the state?

Most states have laws that pause the statute of limitations for the time the defendant is absent from the state and cannot be located for a lawsuit.

Can I still sue after the statute of limitations has expired?

In over 99% of cases, no. Unless you qualify for a very rare exception, the court will dismiss your case, and you will not be able to recover any compensation.

Estimate the Value of Your Claim

Knowing your deadline is the first step, but the value of your claim depends on many other factors, including the severity of your injuries, your medical costs, and lost wages. Our tools can help you get a clearer picture.

Key Takeaways

Every state has a strict deadline, called the statute of limitations, for filing a personal injury lawsuit.

  • These deadlines typically range from one to six years, depending on your state.
  • Missing the deadline means you lose your right to sue and get compensation.
  • Exceptions exist but are rare and complex. Never assume they apply to you.
  • Act fast, document everything, and use helpful resources like Estimate My Injury to understand your options and prepare your case.
Sujit Show
Sujit Show
http://estimatemyinjury.com
I'm Sujit Show, the person behind EstimateMyInjury.com. I'm an MBA student focused on operations management, and I built this site because most people are scared to even talk to a lawyer, they don't know what it'll cost, or whether their case is even worth pursuing.I'm not a lawyer, and nothing here is legal advice. Every guide and calculator is built from public legal resources and state statutes, meant to give you a clear, honest starting point before speaking with an attorney. For a real claim, please consult a licensed attorney in your state.

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