The statute of limitations is the state law that sets how long you have to file a personal injury lawsuit — in most states 2 years from the date of injury, ranging from 1 year (Kentucky, Tennessee) to 6 years (Maine, North Dakota). Once it runs out, the court will almost always refuse to hear your case, no matter how strong it is.
The statute of limitations for a personal injury claim is the legal deadline to file suit, and it is set by each state: most give you 2 years from the date of the injury, but the window runs from 1 year (Kentucky, Tennessee) to 6 years (Maine, North Dakota). It exists so claims are brought while evidence and memories are fresh. The clock normally starts on the date of the injury, though the discovery rule can start it later and it is often paused for injured minors. Different claim types have their own deadlines — medical malpractice, wrongful death, and especially claims against a government entity run on separate, usually shorter, clocks. Miss the deadline and the defendant can have the case dismissed permanently, so the safe move is to confirm your state's limit early and act well before it.
How long is it in most states? Two years from the date of injury is the most common personal injury statute of limitations, but it ranges from 1 year to 6 years depending on the state and claim type.
What happens when it runs out? Once the statute of limitations passes, the court will dismiss your claim if the defendant raises it, and you lose the right to any compensation.
When does the clock start? Usually on the date of the injury, but under the discovery rule it can start when you knew, or reasonably should have known, that you were harmed.
Is it the same for every claim? No. Medical malpractice, wrongful death, and claims against a government agency each run on their own, often shorter, deadlines.
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 | — |
A statute of limitations is a deadline the legislature sets for filing a lawsuit. The idea is fairness: over time, evidence disappears, documents are lost, and witnesses' memories fade, so the law requires claims to be brought while they can still be fairly defended. For personal injury, that deadline is counted in years from the date you were hurt.
It is treated as a hard wall because it is an affirmative defense: if you file even one day late, the defendant can ask the court to throw the case out, and courts routinely do — the merits never get heard. A handful of doctrines can pause or extend it (the discovery rule, tolling for minors, fraudulent concealment), but you should never assume one applies without legal advice. Because a few states have recently changed their limits (Florida cut its deadline from 4 years to 2 in 2023; Louisiana extended 1 year to 2 in 2024), out-of-date charts are common — check your state below.
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)
→ When does the statute of limitations clock start?
→ What happens if you miss the statute of limitations?
→ How long to file a claim against a government entity?
→ Settlement statistics by injury type — compare an offer against real, cited cases.
→ Do I have a personal injury case? — a 60-second check.
It is the legal deadline to file a personal injury lawsuit, set by each state. Most states give 2 years from the date of injury, ranging from 1 year (Kentucky, Tennessee) to 6 years (Maine, North Dakota); once it passes the court will almost always dismiss the case regardless of merit.
No. The standard personal injury deadline varies by state from 1 to 6 years, and within a state it can differ by claim type — medical malpractice, wrongful death, and government claims often run on separate, shorter clocks.
Sometimes. The discovery rule can delay the start for injuries you couldn't reasonably have known about, and the clock is often paused for injured minors. These are narrow, fact-specific exceptions, so confirm with an attorney rather than assume.
Usually yes — for most injuries the clock starts on the date of the accident or injury. The main exception is the discovery rule, which starts it when you knew or should have known you were harmed.
In almost all cases the court will dismiss your lawsuit and you lose the right to compensation, no matter how strong the case. Narrow exceptions exist but rarely apply, so treat the deadline as final.
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.