For most personal injury claims the statute-of-limitations clock starts on the date of the injury or accident — but under the discovery rule it can start later, when you knew (or reasonably should have known) that you were harmed. Getting the start date right matters, because the whole deadline is measured from it.
The personal injury statute-of-limitations clock usually starts on the date of the injury, so for an obvious accident like a car crash or a fall the deadline is counted from that day. The most important exception is the discovery rule: for harm you couldn't reasonably have discovered right away — some medical, surgical, or toxic-exposure injuries — the clock may not start until you knew, or should have known, that you were injured and that someone else may be responsible. For injured minors, the clock is typically paused until they turn 18. Because the entire deadline is measured from the start date, a mistake here can cost the whole claim, so confirm your start date and your state's length below.
What's the default start date? The date of the injury or accident. For most personal injury cases the statute-of-limitations clock begins the day you were hurt.
When does it start later? Under the discovery rule — for injuries you couldn't reasonably have known about at the time — the clock starts when you discovered the harm or should have.
Does it pause for children? Yes. For an injured minor the clock is usually tolled (paused) until they reach adulthood, then the normal deadline runs.
Can negotiating change the start date? No. Talking to an insurer does not change when the clock started or pause it — the deadline runs from the injury (or discovery) date regardless.
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 | — |
1. The date of injury (the default). For an obvious, immediate injury — a collision, a slip and fall, a dog bite — the clock starts that day and the deadline is simply that date plus your state's number of years.
2. The discovery rule (a later start). Some harms are not obvious right away: a surgical error found months later, an illness from toxic exposure, a defective product. In those cases many states start the clock when you knew, or a reasonable person should have known, both that you were injured and that it may have been caused by someone's wrongdoing. It can meaningfully extend your window — but it is fact-specific and often paired with a hard outer limit (a statute of repose), so don't rely on it without legal advice.
3. Tolling for minors and incapacity. When the injured person is under 18 (or legally incapacitated), the clock is commonly paused until the disability ends. The rules vary by state and don't apply to every claim type.
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)
→ What happens if you miss the statute of limitations?
→ How long to file a claim against a government entity?
→ Statute of limitations for a minor's injury claim
→ Settlement statistics by injury type — compare an offer against real, cited cases.
→ Do I have a personal injury case? — a 60-second check.
For most cases it starts on the date of the injury or accident. The exception is the discovery rule, under which the clock starts when you knew, or reasonably should have known, that you were injured — used mainly for harms that aren't immediately obvious.
The discovery rule delays the start of the clock until you discover the injury or should have discovered it. It applies to latent injuries such as some medical, surgical, or toxic-exposure cases, not to an obvious accident where the clock starts on the incident date.
Usually the accident date. Only when the injury was not reasonably discoverable does the discovery rule move the start to when you knew or should have known.
Yes, in most states the clock is tolled until the child turns 18, and then the standard deadline runs. Medical-malpractice and government claims can follow different, shorter rules for minors.
Yes. When the discovery rule is in play, when you 'should have known' is a legal judgment and defendants often contest it, which is why confirming your start date with an attorney matters.
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.