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

Why Do These Deadlines Matter So Much?
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.
Are There Exceptions to the Statute of Limitations?
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:
The Discovery Rule: What if you don’t realize you were injured right away? This rule says the countdown clock doesn’t start until the date you discovered, or reasonably should have discovered, your injury. For example, if a surgeon leaves a medical instrument inside you, the clock might start when an X-ray reveals it years later, not on the date of the surgery.
Tolling for Minors: If the injured person is a minor (under 18), the statute of limitations is usually paused until their 18th birthday. After that, they have the standard amount of time (e.g., two years) to file their own lawsuit.
Mental Incapacity: If a person is mentally incompetent and unable to manage their affairs at the time of the injury, the deadline may be paused until they regain their mental capacity.
Defendant Leaves the State: If the person who caused your injury leaves the state to avoid being sued, the time they are gone might not count against your deadline.
These exceptions can be complex, and it’s always best to speak with a legal professional to see if they apply to your situation.
Complete Statute of Limitations for Personal Injury by State (2025)
Below is a state-by-state table outlining the standard personal injury statute of limitations. Deadlines can change, so it’s crucial to verify the most current information. We’ve included links to official state statutes where possible to help you confirm the law.
Disclaimer: This information is for educational purposes and was last updated in 2025. Laws are subject to change. Please consult with a qualified attorney regarding your specific situation. The links provided direct you to the official state legislature or code websites where you can verify the citation.
| State | Standard Time Limit | Key Notes & Exceptions | Official Source & Citation |
|---|---|---|---|
| Alabama | 2 years | Claims against government have a 6-month notice period. | Alabama Legislature (See: Ala. Code § 6-2-38) |
| Alaska | 2 years | Tolling for minors until age 19. | Alaska Legislature (See: Alaska Stat. § 09.10.070) |
| Arizona | 2 years | Claims against government require a notice within 180 days. | Arizona State Legislature (See: Ariz. Rev. Stat. § 12-542) |
| Arkansas | 3 years | Medical malpractice is 2 years. | Arkansas General Assembly (See: Ark. Code § 16-56-105) |
| California | 2 years | Claims vs. gov't need notice within 6 months. | California Legislative Info (See: Cal. Code of Civ. Proc. § 335.1) |
| Colorado | 2 years | Motor vehicle accident claims are 3 years. | Colorado General Assembly (See: Colo. Rev. Stat. § 13-80-101 & 102) |
| Connecticut | 2 years | Discovery rule may extend deadline up to 3 years from the act. | Connecticut General Assembly (See: Conn. Gen. Stat. § 52-584) |
| Delaware | 2 years | Tolling for minors until their 18th birthday. | Delaware Code (See: Del. Code tit. 10, § 8119) |
| Florida | 2 years | Recently changed from 4 years. Med mal is 2 years. | Florida Statutes (See: Fla. Stat. § 95.11) |
| Georgia | 2 years | Claims vs. government entities have shorter notice periods. | Georgia General Assembly (See: Ga. Code § 9-3-33) |
| Hawaii | 2 years | Tolling for minors until age 18. | Hawaii State Legislature (See: Haw. Rev. Stat. § 657-7) |
| Idaho | 2 years | Notice for claims against gov't required within 180 days. | Idaho Statutes (See: Idaho Code § 5-219) |
| Illinois | 2 years | Claims against local government have a 1-year limit. | Illinois General Assembly (See: 735 ILCS 5/13-202) |
| Indiana | 2 years | Notice for claims against gov't entities required within 180 days. | Indiana General Assembly (See: Ind. Code § 34-11-2-4) |
| Iowa | 2 years | Claims against the state have specific notice requirements. | Iowa Legislature (See: Iowa Code § 614.1) |
| Kansas | 2 years | Tolling for minors until one year after they turn 18. | Kansas Legislature (See: Kan. Stat. § 60-513) |
| Kentucky | 1 year | Motor vehicle accident claims are 2 years. | Kentucky Legislature (See: Ky. Rev. Stat. § 413.140) |
| Louisiana | 1 year | One of the shortest deadlines in the U.S. | Louisiana Legislature (See: La. Civ. Code art. 3492) |
| Maine | 6 years | One of the longest deadlines in the U.S. | Maine Legislature (See: Me. Rev. Stat. tit. 14, § 752) |
| Maryland | 3 years | Claims against gov't need notice within 1 year. | Maryland General Assembly (See: Md. Cts. & Jud. Proc. Code § 5-101) |
| Massachusetts | 3 years | Claims against public employers require notice within 2 years. | Massachusetts Legislature (See: Mass. Gen. Laws ch. 260, § 2A) |
| Michigan | 3 years | No-fault state for auto accidents with different deadlines for benefits. | Michigan Legislature (See: Mich. Comp. Laws § 600.5805) |
| Minnesota | 2 years | Medical malpractice has a 4-year limit. | Minnesota Legislature (See: Minn. Stat. § 541.07) |
| Mississippi | 3 years | Claims vs. gov't have a 1-year limit after a 90-day notice. | Mississippi Secretary of State (See: Miss. Code § 15-1-49) |
| Missouri | 5 years | Wrongful death is 3 years. | Missouri Revisor of Statutes (See: Mo. Rev. Stat. § 516.120) |
| Montana | 3 years | Medical malpractice is 2 years from discovery. | Montana State Legislature (See: Mont. Code § 27-2-204) |
| Nebraska | 4 years | Medical malpractice is 2 years. | Nebraska Legislature (See: Neb. Rev. Stat. § 25-207) |
| Nevada | 2 years | Claims against the state have a 2-year limit. | Nevada Legislature (See: Nev. Rev. Stat. § 11.190) |
| New Hampshire | 3 years | Claims against gov't have specific notice requirements. | New Hampshire General Court (See: N.H. Rev. Stat. § 508:4) |
| New Jersey | 2 years | Notice of claim against a public entity must be filed within 90 days. | New Jersey Legislature (See: N.J. Stat. § 2A:14-2) |
| New Mexico | 3 years | Claims against gov't need notice within 90 days. | New Mexico Compilation Comm. (See: N.M. Stat. § 37-1-8) |
| New York | 3 years | Notice vs. gov't entities required within 90 days. | N.Y. State Senate (See: N.Y. C.P.L.R. § 214) |
| North Carolina | 3 years | Wrongful death is 2 years. | N.C. General Assembly (See: N.C. Gen. Stat. § 1-52) |
| North Dakota | 6 years | Wrongful death is 2 years. | North Dakota Legislature (See: N.D. Cent. Code § 28-01-16) |
| Ohio | 2 years | Discovery rule applies. | Ohio Laws & Admin. Rules (See: Ohio Rev. Code § 2305.10) |
| Oklahoma | 2 years | Notice of tort claim vs. gov't must be filed within 1 year. | Oklahoma State Courts Network (See: Okla. Stat. tit. 12, § 95) |
| Oregon | 2 years | Notice periods for public bodies (180 days). | Oregon State Legislature (See: Or. Rev. Stat. § 12.110) |
| Pennsylvania | 2 years | Notice vs. gov't entities required within 6 months. | Pennsylvania General Assembly (See: 42 Pa. Cons. Stat. § 5524) |
| RhodeIsland | 3 years | Wrongful death is 3 years. | Rhode Island General Assembly (See: R.I. Gen. Laws § 9-1-14) |
| South Carolina | 3 years | Claims against gov't have a 2-year limit. | S.C. State House (See: S.C. Code § 15-3-530) |
| South Dakota | 3 years | Medical malpractice is 2 years. | South Dakota Legislature (See: S.D. Codified Laws § 15-2-14) |
| Tennessee | 1 year | One of the shortest deadlines in the U.S. | Tennessee State Legislature (See: Tenn. Code § 28-3-104) |
| Texas | 2 years | Notice vs. gov't entities required within 6 months. | Texas Statutes (See: Tex. Civ. Prac. & Rem. Code § 16.003) |
| Utah | 4 years | Claims against gov't have a 1-year limit after notice. | Utah State Legislature (See: Utah Code § 78B-2-307) |
| Vermont | 3 years | Discovery rule generally applies. | Vermont Legislature (See: Vt. Stat. tit. 12, § 512) |
| Virginia | 2 years | Tolling for minors until age 18. | Virginia Law Library (See: Va. Code § 8.01-243) |
| Washington | 3 years | Claims against gov't require filing a standard tort claim form. | Washington State Legislature (See: Wash. Rev. Code § 4.16.080) |
| West Virginia | 2 years | Tolling for minors until age 18. | W.V. Legislature (See: W. Va. Code § 55-2-12) |
| Wisconsin | 3 years | Notice to gov't defendants must be given within 120 days. | Wisconsin State Legislature (See: Wis. Stat. § 893.54) |
| Wyoming | 4 years | Claims against gov't must be presented within 2 years. | Wyoming State Legislature (See: 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 Colorado
Deadline: In Colorado, the standard deadline is two years from the date of the injury.
Official Source: This law is in the Colorado Revised Statutes § 13-80-102. You can verify this at the Colorado General Assembly website.
Key Exceptions:
Motor Vehicle Accidents: Colorado has a specific, longer deadline of three years for injury claims arising from motor vehicle accidents.
Government Claims: You must file a formal written notice within 181 days of discovering the 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.
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 deadline is a very short one year from the date of the injury.
Official Source: This law is in the Louisiana Civil Code art. 3492. You can verify this at the Louisiana Legislature website.
Key Exceptions:
Minors: The one-year clock does not start for an injured minor until their 18th birthday.
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’s 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.
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, the standard deadline is 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: You must provide a “Tort Claim Notice” to the correct public body within 180 days of the injury.
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.
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.
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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 EstimateMyInjury.com to understand your options and prepare your case.
