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Government claims · notice deadlines

How long to file a claim against the government?

Claims against a city, county, state, or federal agency run on a separate, much shorter clock: most require a formal notice of claim first — often within 60 days to 1 year — long before the normal personal injury deadline. Miss that notice and the claim can be barred even if years remain on the standard clock.

Deadlines can be shorter than the standard table shows. Claims against a city, county, or state agency often require a formal notice in as little as 60 days to 1 year, and medical malpractice or wrongful death can 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

Suing a government entity for a personal injury is different from suing a private party: before you can file a lawsuit, most governments require a formal written notice of claim within a short window — commonly 60 days to 1 year, and as little as 6 months in some places. The notice must usually describe the incident, the injuries, and the amount claimed, and it goes to a specific agency. Only after the government responds (or the response period passes) can you file suit, and the lawsuit itself has its own deadline. These rules are strict and unforgiving — miss the notice and courts routinely bar the claim, even with years left on the ordinary statute of limitations. Because the windows are short and vary by jurisdiction, treat a possible government claim as urgent and get advice right away.

Quick answers to the most common follow-ups

Why is it different from a normal claim? Governments have limited immunity from suit. To sue one you must first give a formal notice of claim within a short deadline, a step private-party claims don't require.

How short is the notice deadline? Often 60 days to 1 year, and as little as 6 months in some jurisdictions — far shorter than the standard personal injury deadline.

What if I miss the notice? The claim is usually barred, even if years remain on the ordinary statute of limitations. The notice requirement is strict and enforced.

Does it apply to federal agencies too? Yes. The Federal Tort Claims Act requires an administrative claim, generally within 2 years, before you can sue a federal agency.

Find your state's deadline

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

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Personal injury filing deadline by state (2026)

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.

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

Two clocks, not one — the notice deadline and the lawsuit deadline

A claim against a government body runs on two separate deadlines, and the first one is the trap. Because governments enjoy limited immunity, most states require you to file a notice of claim with the correct agency before you're allowed to sue at all. That notice window is short — frequently 60 days to 1 year, and 6 months in some jurisdictions (for example, California generally requires a claim within 6 months for injury claims). The notice typically has to identify the incident, the injuries, and the amount you're seeking.

Only after the notice is filed and the agency responds (or the time to respond lapses) does the second clock — the deadline to actually file the lawsuit — come into play. For federal agencies, the Federal Tort Claims Act requires an administrative claim, generally within 2 years, before any suit.

These requirements are enforced strictly, and a missed or defective notice usually ends the claim regardless of how much time is left on the normal statute of limitations. The exact deadlines and procedures vary widely by state and agency, so if a government vehicle, a public hospital, a city sidewalk, or any public entity may be involved, treat it as time-sensitive and confirm the rules immediately.

The exceptions that catch people out

Any of these can move your real deadline away from the standard number.

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 page gives general information and a simple date estimate — it is not legal advice and can't account for the exceptions above or the specifics of your claim. Statutes change and special claim types run on their own clocks. The only way to know your true deadline is to confirm it with a licensed attorney in your state, and the safe move is 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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Related deadline questions & free tools

→ How long do I have to file a personal injury claim? (deadline by state)
→ Statute of limitations for a minor's injury claim
→ Is the deadline different for property damage?
→ What is the discovery rule?
→ Settlement statistics by injury type — compare an offer against real, cited cases.
→ Do I have a personal injury case? — a 60-second check.

Common questions

Is the deadline shorter for a claim against the government?

Yes. Claims against a city, county, state, or public agency usually require a formal notice of claim within a short window — often 60 days to 1 year, and as little as 6 months in some places — far shorter than the standard personal injury deadline.

What is a notice of claim?

It is a formal written notice you must file with the responsible government agency before suing, typically describing the incident, your injuries, and the amount claimed. It is a precondition to filing a lawsuit against most government entities.

What happens if I miss the government notice deadline?

The claim is usually barred, even if years remain on the ordinary statute of limitations. Government notice requirements are strict and courts routinely enforce them.

How do I sue a federal agency?

Under the Federal Tort Claims Act you must first file an administrative claim with the agency, generally within 2 years of the injury, before you can bring a lawsuit.

Does this apply to a public hospital or a government vehicle?

Yes. Injuries involving public hospitals, government employees, or government-owned vehicles generally fall under these government-claim rules and their short notice deadlines.

Sources & how we verified these deadlines

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).

Key state statutes (the outliers and recent changes)

Shortest — 1 year: Kentucky Ky. Rev. Stat. § 413.140(1)(a) · Tennessee Tenn. Code § 28-3-104(a)
Longest — 5–6 years: Missouri Mo. Rev. Stat. § 516.120 (5) · Maine Me. Rev. Stat. tit. 14, § 752 (6) · North Dakota N.D. Cent. Code § 28-01-16 (6)
Four years: Nebraska Neb. Rev. Stat. § 25-207 · Utah Utah Code § 78B-2-307 · Wyoming Wyo. Stat. § 1-3-105
Recently changed: Florida cut 4→2 years, effective March 2023 Fla. Stat. § 95.11 (2023 HB 837) · Louisiana extended 1→2 years, effective July 1, 2024 La. Civ. Code art. 3493.1
Motor-vehicle carve-outs: Colorado 2 years general, 3 for motor-vehicle accidents Colo. Rev. Stat. §§ 13-80-102, 13-80-101 · California Cal. Code Civ. Proc. § 335.1