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Free deadline check · All 50 states + DC

How long do I have to file a personal injury claim?

Every state sets a filing deadline — the statute of limitations. Miss it and your claim is usually gone for good, no matter how strong it was. Find your state's deadline below, then see the exceptions that can quietly make it shorter.

Find your state's deadline

Pick your state. Add the injury date and we'll estimate your filing deadline too.

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Deadlines can be shorter than the table says. Claims against a city, county, or state agency often require a formal notice in as little as 60 days to 1 year — long before the normal deadline. Cases involving medical malpractice, government vehicles, or wrongful death frequently run on their own clocks. When in doubt, treat your deadline as sooner than you think and confirm it with an attorney right away.

The short answer

Most states give you 2 to 3 years from the date of injury to file a personal injury lawsuit. A few are shorter — Kentucky and Tennessee are just 1 year — and a few are longer, up to 5 years (Missouri) or 6 years (Maine, North Dakota). The deadline is called the statute of limitations, and once it passes the court will almost always dismiss your case regardless of merit. Two things change the clock in practice: the discovery rule (for injuries you couldn't reasonably have known about right away, the clock can start later) and claims against a government entity (which usually carry a much shorter, separate notice deadline). The table below lists the standard personal-injury deadline for every state.

Personal injury filing deadline by state (2026)

Standard deadline for a negligence-based personal injury claim. Special case types (malpractice, government, wrongful death) can differ — see the exceptions below.

StateDeadline to fileNote
Alabama2 years
Alaska2 years
Arizona2 years
Arkansas3 years
California2 years
Colorado2 years3 yrs for motor-vehicle accidents
Connecticut2 years
Delaware2 years
District of Columbia3 years
Florida2 yearschanged from 4 yrs in March 2023
Georgia2 years
Hawaii2 years
Idaho2 years
Illinois2 years
Indiana2 years
Iowa2 years
Kansas2 years
Kentucky1 year2 yrs for motor-vehicle accidents
Louisiana2 yearsextended from 1 yr, effective July 2024
Maine6 years
Maryland3 years
Massachusetts3 years
Michigan3 years
Minnesota2 years
Mississippi3 years
Missouri5 years
Montana3 years
Nebraska4 years
Nevada2 years
New Hampshire3 years
New Jersey2 years
New Mexico3 years
New York3 years
North Carolina3 years
North Dakota6 years
Ohio2 years
Oklahoma2 years
Oregon2 years
Pennsylvania2 years
Rhode Island3 years
South Carolina3 years
South Dakota3 years
Tennessee1 year
Texas2 years
Utah4 years
Vermont3 years
Virginia2 years
Washington3 years
West Virginia2 years
Wisconsin3 years
Wyoming4 years

The exceptions that catch people out

This is where the one-line answers other sites give you fall apart. Any of these can move your real deadline.

Claims against the government

Suing a city, county, state, or public hospital usually requires a formal written notice of claim first — often within 60 days to 1 year, far shorter than the standard deadline. Miss the notice and the claim can be barred even if years remain on the normal clock.

The discovery rule

For injuries you couldn't reasonably have discovered at the time (some medical or toxic-exposure cases), the clock may start when you knew or should have known — not the date of the incident. It can extend your window, but don't count on it without legal advice.

Injured minors

When the injured person is under 18, the deadline is often paused (tolled) until they reach adulthood, so a child's claim can be filed years later. The rules vary by state and don't always apply to every claim type.

Wrongful death & malpractice

Wrongful-death claims typically run from the date of death, not the injury, and medical-malpractice claims often have their own deadline plus a hard outer limit (a statute of repose). Both can differ from the general number above.

Read this before relying on a date. This tool gives the general personal-injury statute of limitations for each state and a simple date estimate — it is information, not legal advice, and it can't account for the exceptions above or the specifics of your claim. Statutes also change (Florida moved from 4 years to 2 in 2023; Louisiana from 1 year to 2 in 2024). The only way to know your true deadline is to confirm it with a licensed attorney in your state — and the safe move is always to do that well before you think you need to.

Not sure how much time you have left?

A free, no-obligation review confirms your real deadline and whether your claim is worth pursuing — most attorneys will tell you in one short call, and it costs nothing to ask. Don't let the clock decide for you.

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Common questions

What happens if I miss the statute of limitations?

In almost all cases the court will dismiss your lawsuit and you lose the right to compensation, no matter how clear the other side's fault was. There are narrow exceptions (tolling for minors or certain discovery situations), but they don't apply to most claims — which is why the deadline is treated as a hard wall. If you're close to it, talk to an attorney immediately; some filings can be made quickly to preserve the claim.

When does the clock start — the accident or when I found out?

Usually the date of the injury or accident. The exception is the discovery rule: for harm you couldn't reasonably have known about right away (some medical or toxic-exposure injuries), the clock may start when you discovered it or should have. Because whether the discovery rule applies is a legal judgment, don't assume it buys you time without confirming.

Is the deadline different for a car accident?

In most states the standard personal-injury deadline applies to car accidents. A few states set a different period specifically for motor-vehicle claims — for example Colorado allows 3 years for motor-vehicle accidents (vs. 2 general), and Kentucky allows 2 years for motor-vehicle accidents (vs. 1 general). Claims involving a government vehicle can be much shorter. Check your state's row above and confirm the specifics.

Does filing an insurance claim stop the clock?

No. Negotiating with an insurer does not pause the statute of limitations. Many people lose valid claims because talks dragged past the deadline while they waited for an offer. The lawsuit deadline runs independently of any insurance negotiation, so track it separately.

Data & method

State deadlines reflect the general statute of limitations for negligence-based personal injury claims, cross-referenced across multiple current legal sources as of 2026. Figures are for orientation and exclude special case types and the exceptions described above. Verify your specific deadline with a licensed attorney in your state.