When the injured person is a child, the personal injury statute of limitations is usually paused (tolled) until they turn 18 — then the normal deadline begins to run. So a child's claim can often be filed years after the injury. But the rules vary by state, and medical-malpractice and government claims frequently follow shorter, different timelines even for minors.
For an injured minor, most states pause the statute of limitations until the child reaches the age of majority (usually 18), and only then does the standard deadline start to run. In practice that means a child hurt at age 8 in a 2-year state may still be able to sue until around age 20. This tolling protects children who can't bring a lawsuit on their own. But there are important limits: some states cap how long the extension can last, medical-malpractice claims for minors often have their own shorter deadlines and hard outer limits, and claims against a government entity usually still demand the short notice of claim regardless of age. A parent's own related claim (for medical bills, for instance) may not be tolled at all. Because the rules differ so much, confirm your state's specifics rather than assuming the full extension applies.
Is a child's deadline paused? Usually yes. In most states the statute of limitations is tolled until the child turns 18, then the standard deadline runs.
So how long does a minor have? Often until roughly age 18 plus the state's normal period — for example, until about age 20 in a 2-year state — but caps and exceptions apply.
Do government and malpractice claims follow this? Often not. Government claims usually still require the short notice of claim, and medical-malpractice claims for minors frequently have their own shorter limits.
Is a parent's related claim tolled too? Not necessarily. A parent's own claim (such as for a child's medical expenses) may run on the normal deadline, so don't wait on it.
Pick your state. Add the injury date and we'll estimate your filing deadline too.
Your state's standard deadline for a negligence-based personal injury claim. The exceptions below and the special rules on this page can change it.
| State | Deadline to file | Note |
|---|---|---|
| Alabama | 2 years | — |
| Alaska | 2 years | — |
| Arizona | 2 years | — |
| Arkansas | 3 years | — |
| California | 2 years | — |
| Colorado | 2 years | 3 yrs for motor-vehicle accidents |
| Connecticut | 2 years | — |
| Delaware | 2 years | — |
| District of Columbia | 3 years | — |
| Florida | 2 years | changed from 4 yrs in March 2023 |
| Georgia | 2 years | — |
| Hawaii | 2 years | — |
| Idaho | 2 years | — |
| Illinois | 2 years | — |
| Indiana | 2 years | — |
| Iowa | 2 years | — |
| Kansas | 2 years | — |
| Kentucky | 1 year | 2 yrs for motor-vehicle accidents |
| Louisiana | 2 years | extended from 1 yr, effective July 2024 |
| Maine | 6 years | — |
| Maryland | 3 years | — |
| Massachusetts | 3 years | — |
| Michigan | 3 years | — |
| Minnesota | 2 years | — |
| Mississippi | 3 years | — |
| Missouri | 5 years | — |
| Montana | 3 years | — |
| Nebraska | 4 years | — |
| Nevada | 2 years | — |
| New Hampshire | 3 years | — |
| New Jersey | 2 years | — |
| New Mexico | 3 years | — |
| New York | 3 years | — |
| North Carolina | 3 years | — |
| North Dakota | 6 years | — |
| Ohio | 2 years | — |
| Oklahoma | 2 years | — |
| Oregon | 2 years | — |
| Pennsylvania | 2 years | — |
| Rhode Island | 3 years | — |
| South Carolina | 3 years | — |
| South Dakota | 3 years | — |
| Tennessee | 1 year | — |
| Texas | 2 years | — |
| Utah | 4 years | — |
| Vermont | 3 years | — |
| Virginia | 2 years | — |
| Washington | 3 years | — |
| West Virginia | 2 years | — |
| Wisconsin | 3 years | — |
| Wyoming | 4 years | — |
Children generally can't file lawsuits on their own, so the law tolls (pauses) the statute of limitations for an injured minor until they reach the age of majority — 18 in most states. When the child turns 18, the ordinary deadline starts, giving them roughly the normal period (often 2 years) to sue as an adult. That's why a claim for an injury suffered in childhood can still be viable years later.
The protection isn't unlimited, and the exceptions catch people out:
Medical malpractice claims involving minors often have their own, shorter deadlines and a hard outer limit (a statute of repose) that can cut off the claim even before adulthood in some states. Government claims usually still require the short notice of claim — sometimes with a limited allowance for minors, sometimes not — so age doesn't excuse that step. And a parent's or guardian's own claim arising from the same incident (for example, for the child's medical bills) is typically not tolled and runs on the normal clock. Because states handle all of this differently, confirm the specifics for your state and claim type before relying on the extension.
Any of these can move your real deadline away from the standard number.
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.
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.
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 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.
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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→ How long do I have to file a personal injury claim? (deadline by state)
→ Is the deadline different for property damage?
→ What is the discovery rule?
→ Does an insurance claim pause the statute of limitations?
→ Settlement statistics by injury type — compare an offer against real, cited cases.
→ Do I have a personal injury case? — a 60-second check.
In most states the deadline is tolled (paused) until the child turns 18, and then the standard personal injury period runs. So a minor can often sue until roughly age 18 plus the state's normal deadline, subject to state-specific caps and exceptions.
Often not fully. Medical-malpractice claims involving minors frequently have their own shorter deadlines and a hard outer limit, which can apply even before the child reaches adulthood in some states.
Usually yes. Claims against a government entity generally still require the short notice of claim, and being a minor does not automatically excuse that requirement.
Typically no. A parent's or guardian's own related claim, such as for the child's medical expenses, usually runs on the normal statute of limitations and is not tolled by the child's age.
In most states, roughly the standard personal injury period — often 2 years — starting when they reach the age of majority, though some states cap the total time. Confirm your state's rule.
The state deadlines above are the general statute of limitations for a negligence-based personal injury claim, cross-referenced across multiple legal references and — because widely circulated charts are often out of date — checked against the primary statute where a state deviates or changed recently. Where sources disagreed we show the shorter deadline (the "safe-direction" rule).
Ky. Rev. Stat. § 413.140(1)(a) · Tennessee Tenn. Code § 28-3-104(a)Mo. Rev. Stat. § 516.120 (5) · Maine Me. Rev. Stat. tit. 14, § 752 (6) · North Dakota N.D. Cent. Code § 28-01-16 (6)Neb. Rev. Stat. § 25-207 · Utah Utah Code § 78B-2-307 · Wyoming Wyo. Stat. § 1-3-105Fla. Stat. § 95.11 (2023 HB 837) · Louisiana extended 1→2 years, effective July 1, 2024 La. Civ. Code art. 3493.1Colo. Rev. Stat. §§ 13-80-102, 13-80-101 · California Cal. Code Civ. Proc. § 335.1
Primary & authoritative references: Cornell Legal Information Institute — statute of limitations · Justia US state codes · California Legislative Information — Cal. Code Civ. Proc. § 335.1 · Nolo 50-state chart. For any specific claim, confirm the current deadline against your state's official code or a licensed attorney — statutes change and special claim types run on separate clocks.