Statute of Limitations for Personal Injury in the USA

Compare personal injury lawsuit filing deadlines across all 50 states and Washington, D.C. Learn when time limits may begin, which exceptions may apply, and why filing requirements vary by case.

Quick Answer:

The statute of limitations for personal injury is the legal time limit for filing a lawsuit after an injury. There is no single national deadline. Most states allow two or three years for ordinary negligence claims, while a few allow as little as one year or as many as six. Medical malpractice, wrongful death, and product liability claims may follow different rules, and claims against government entities often require much earlier notice. Discovery rules and tolling provisions may affect some cases, so the correct deadline depends on the governing law and the facts.

Every U.S. state sets legal time limits, called statutes of limitations, for filing civil lawsuits. For personal injury claims, these limits matter because a lawsuit filed too late may be dismissed regardless of its merits. Limitation periods differ from state to state, and the type of claim can change the rule that applies.

The date of an injury does not always control when the clock starts, and claims against government bodies may carry separate notice requirements. The deadline for filing a personal injury lawsuit depends on the jurisdiction, claim type, parties involved, and applicable legal exceptions.

What Are the Key Facts About Personal Injury Filing Deadlines?

51
Jurisdictions compared
All 50 states plus Washington, D.C.
There is no single nationwide deadline.
25 states
General 2-year deadline
The most common general period for negligence-based injury claims.
16 + D.C.
General 3-year deadline
Sixteen states and Washington, D.C.
2 states
General 1-year deadline
Kentucky and Tennessee, the shortest general periods.
7 states
General 4- to 6-year deadline
Nebraska, Utah, Wyoming (4); Missouri (5); Maine, Minnesota, North Dakota (6).

Counts use the general deadline shown in the state table below. Several states apply different periods to particular claims, so a state's general period does not cover every injury case.

What Is the Personal Injury Statute of Limitations in Each State?

The table lists the general limitation period for ordinary negligence-based personal injury lawsuits in each jurisdiction, with the governing statute. It does not show medical malpractice, wrongful death, product liability, or government claim deadlines, which are often different.

State General Personal Injury Filing Deadline Statutory Reference
Alabama2 yearsAla. Code § 6-2-38(l)
Alaska2 yearsAlaska Stat. § 09.10.070
Arizona2 yearsAriz. Rev. Stat. § 12-542
Arkansas3 yearsArk. Code Ann. § 16-56-105
California2 yearsCal. Code Civ. Proc. § 335.1
Colorado2 years for most tort claims3 years for many motor vehicle accident claimsColo. Rev. Stat. § 13-80-102(1)(a); § 13-80-101(1)(n)
Connecticut2 yearsNegligence claims are also subject to a 3-year outer limit from the act or omissionConn. Gen. Stat. § 52-584
Delaware2 yearsDel. Code Ann. tit. 10, § 8119
Florida2 years for negligence Date-dependentApplies to negligence causes of action accruing after March 24, 2023; earlier claims were generally subject to 4 yearsFla. Stat. § 95.11(4)(a)
Georgia2 yearsO.C.G.A. § 9-3-33
Hawaii2 yearsHaw. Rev. Stat. § 657-7
Idaho2 yearsIdaho Code § 5-219(4)
Illinois2 years735 ILCS 5/13-202
Indiana2 yearsInd. Code § 34-11-2-4
Iowa2 yearsIowa Code § 614.1(2)
Kansas2 yearsKan. Stat. Ann. § 60-513(a)(4)
Kentucky1 yearMotor vehicle injury claims covered by the Motor Vehicle Reparations Act generally have 2 years, measured from the injury or the last reparation-benefit paymentKy. Rev. Stat. § 413.140(1)(a); § 304.39-230(6)
Louisiana2 years Date-dependentFor delictual actions arising on or after July 1, 2024; earlier claims are generally subject to 1 year under Civ. Code art. 3492La. Civ. Code art. 3493.1
Maine6 yearsMe. Rev. Stat. tit. 14, § 752
Maryland3 yearsMd. Code, Cts. & Jud. Proc. § 5-101
Massachusetts3 yearsMass. Gen. Laws ch. 260, § 2A
Michigan3 yearsMich. Comp. Laws § 600.5805(2)
Minnesota6 years for most negligence claims2 years for certain intentional torts, such as assault and batteryMinn. Stat. § 541.05, subd. 1(5); § 541.07(1)
Mississippi3 yearsMiss. Code Ann. § 15-1-49
Missouri5 years Verify current lawBills to shorten this period for claims accruing on or after August 28, 2026, were considered in the 2025 and 2026 sessions. Final enactment could not be confirmed at review; check the current text of § 516.120 before relying on this period.Mo. Rev. Stat. § 516.120(4)
Montana3 yearsMont. Code Ann. § 27-2-204(1)
Nebraska4 yearsNeb. Rev. Stat. § 25-207
Nevada2 yearsNev. Rev. Stat. § 11.190(4)(e)
New Hampshire3 yearsN.H. Rev. Stat. Ann. § 508:4
New Jersey2 yearsN.J. Stat. Ann. § 2A:14-2
New Mexico3 yearsN.M. Stat. Ann. § 37-1-8
New York3 yearsN.Y. C.P.L.R. 214(5)
North Carolina3 yearsN.C. Gen. Stat. § 1-52(16)
North Dakota6 yearsN.D. Cent. Code § 28-01-16(5)
Ohio2 yearsOhio Rev. Code § 2305.10(A)
Oklahoma2 yearsOkla. Stat. tit. 12, § 95(A)(3)
Oregon2 yearsOr. Rev. Stat. § 12.110(1)
Pennsylvania2 years42 Pa. Cons. Stat. § 5524(2)
Rhode Island3 yearsR.I. Gen. Laws § 9-1-14(b)
South Carolina3 yearsS.C. Code Ann. § 15-3-530(5)
South Dakota3 yearsS.D. Codified Laws § 15-2-14(3)
Tennessee1 yearLonger periods apply to certain injuries connected to specified criminal conductTenn. Code Ann. § 28-3-104(a)(1)
Texas2 yearsTex. Civ. Prac. & Rem. Code § 16.003(a)
Utah4 yearsUtah Code Ann. § 78B-2-307
Vermont3 yearsVt. Stat. Ann. tit. 12, § 512(4)
Virginia2 yearsVa. Code Ann. § 8.01-243(A)
Washington3 yearsWash. Rev. Code § 4.16.080(2)
West Virginia2 yearsW. Va. Code § 55-2-12
Wisconsin3 yearsWis. Stat. § 893.54(1m)
Wyoming4 yearsWyo. Stat. Ann. § 1-3-105(a)(iv)(C)
Washington, D.C.3 yearsD.C. Code § 12-301(8)

Sources: official state statutory codes. Statutory references link to official state government code websites; references for states whose official code is published only through a commercial host appear as plain text. Statutes are amended regularly, so always check the current text and its effective date.

Important: The deadlines shown describe general filing rules. Different deadlines, accrual rules, notice requirements, statutes of repose, and exceptions may apply depending on the case and jurisdiction.

Legal Information Last Reviewed: October 8, 2026

When Does the Personal Injury Statute of Limitations Begin?

For many ordinary injury claims, the limitations period begins when the claim legally "accrues," which is often the date of injury. That is not a universal rule. Depending on state law, accrual may turn on when legally relevant harm occurred, when an injury or its likely cause was discovered in qualifying circumstances, or on a specific statutory accrual provision. Because the start date controls the end date, a disagreement about accrual can change the deadline significantly.

How Does the Discovery Rule Affect Personal Injury Filing Deadlines?

Some jurisdictions and claim types use a discovery rule, under which the filing period may begin when an injury, or its connection to someone's conduct, was or reasonably should have been discovered. States apply this rule differently, and many ordinary accident claims do not qualify. Courts often ask whether the injured person used reasonable diligence. A separate statute of repose may still set an outer limit, so later discovery should never be assumed to extend a deadline automatically.

What Exceptions May Affect a Personal Injury Statute of Limitations?

Do Different Rules Apply to Minors?

Some states pause or adjust deadlines for children's claims. Any extension depends on the specific statute and claim, and malpractice or government claims may follow other rules.

Can Legal Incapacity Pause the Deadline?

Certain statutes may toll the period while an injured person is legally incapacitated, subject to conditions and limits.

Does Later Discovery of an Injury Matter?

Discovery-based accrual may apply to specific claims when an injury could not reasonably have been known earlier.

Can Fraudulent Concealment Extend the Deadline?

Where a defendant intentionally concealed a claim, some jurisdictions allow added time in limited circumstances.

Can a Defendant's Absence Pause the Deadline?

Some states toll deadlines when a defendant is absent from the state or in other defined situations.

Do Some Claims Have Special Statutory Rules?

Particular claims may carry their own accrual rules, repose periods, or exceptions.

Caution: Exceptions and tolling provisions are jurisdiction-specific and should never be assumed to apply automatically.

Do Different Personal Injury Cases Have Different Filing Deadlines?

Yes. The legal theory, the defendant, and the governing statute matter more than the label on the accident. Injury type alone does not determine the applicable limitation period.

Type of Claim Important Filing Considerations
Car accidentOrdinary negligence deadlines may apply, but state-specific motor vehicle rules or government defendants can change requirements.
Truck accidentRequirements may depend on the defendants, the claim type, and the applicable law.
Motorcycle accidentGeneral negligence limitation periods may apply, subject to relevant exceptions.
Slip and fallPremises liability claims may follow ordinary injury deadlines, but public property can trigger notice rules.
Dog biteDeadlines may differ depending on whether the claim is statutory or based on common law.
Medical malpracticeSpecial limitation periods, discovery rules, pre-suit notices, and repose periods may apply.
Product liabilitySeparate statutory rules and repose periods may apply.
Wrongful deathOften a separate claim with its own deadline, accrual date, and eligible claimants.
Government-related injurySpecial notices, administrative procedures, and shortened deadlines may apply.

Are Filing Deadlines Different for Claims Against Government Entities?

Often, yes. Injury claims involving federal agencies, state agencies, counties, cities, municipal bodies, or government employees acting within the scope of employment may be governed by special statutes. Many require a written notice of claim or an administrative claim well before any lawsuit, sometimes within months of the injury. These steps are separate from the later lawsuit deadline, and both may need to be met.

Sovereign immunity rules also limit which claims are allowed. The Federal Tort Claims Act, for example, sets its own administrative-claim and filing framework for certain claims against the United States. Ordinary injury deadlines should never be assumed to apply to government claims.

What Happens If You Miss the Personal Injury Filing Deadline?

An expired limitation period generally gives the defendant a strong defense and may prevent the lawsuit from going forward. The outcome still depends on the applicable law. The accrual date may be disputed, tolling may apply in qualifying circumstances, and special statutory provisions may be relevant. Courts sometimes must resolve these questions, so an apparent expiration should be reviewed rather than assumed.

How Can You Determine the Filing Deadline for a Personal Injury Case?

  1. Identify the state or jurisdiction governing the claim.
  2. Determine the applicable cause of action.
  3. Establish the relevant injury and accrual dates.
  4. Check whether any defendant is a government entity.
  5. Review possible notice requirements.
  6. Determine whether any special statute applies.
  7. Consider whether accrual, tolling, or repose rules are relevant.
  8. Verify the current statute and its effective date.
  9. Seek qualified legal guidance if the deadline is uncertain.

What Are the Key Takeaways About Personal Injury Filing Deadlines?

  • There is no single national deadline; general periods range from one year (Kentucky, Tennessee) to six years (Maine, Minnesota, North Dakota).
  • Two years is the most common general period, followed by three years.
  • Medical malpractice, wrongful death, product liability, and government claims often follow separate rules.
  • Accrual, discovery, tolling, and repose rules can change when a deadline starts or ends.
  • Insurance negotiations generally do not stop the court filing deadline.

What Are the Most Common Questions About Personal Injury Statutes of Limitations?

How long do I have to file a personal injury lawsuit in the USA?

There is no single nationwide deadline. Most states set two or three years for ordinary negligence claims, but the range runs from one to six years. The actual period depends on the jurisdiction, the type of claim, when it accrued, and whether any exception applies.

What is the statute of limitations for a car accident injury?

Car accident injury claims usually fall under negligence-based limitation rules, but some states have motor-vehicle-specific provisions. The deadline can also change if a government vehicle or employee is involved, or if exceptions apply, so it depends on the jurisdiction, claim, and defendants.

Does the statute of limitations begin on the accident date?

Many injury claims accrue at or near the time of injury, which is often the accident date. However, statutory accrual rules and, in qualifying cases, discovery rules can move the starting point. The start date should be confirmed under the law that governs the claim.

Can the personal injury statute of limitations be extended?

In some situations, yes. Tolling provisions for minors, legal incapacity, a defendant's absence, or fraudulent concealment may pause or delay the deadline where state law allows. These exceptions have specific conditions and are never automatic.

What is the statute of limitations for a minor's personal injury claim?

Some states pause the deadline until a child reaches adulthood or provide a separate period for minors' claims. Others limit or exclude that tolling. Medical malpractice and government claims involving minors are often governed by different provisions, so each situation needs specific review.

Is the deadline different for a wrongful death lawsuit?

Often, yes. Wrongful death is usually a separate statutory claim with its own limitation period, accrual date, and rules on who may file. The period may run from the date of death rather than the date of injury, depending on the state.

Do government injury claims have shorter filing deadlines?

They frequently involve earlier steps. Many government claims require a notice of claim or administrative filing within a short period, sometimes months, even though a later lawsuit deadline may also apply. Missing the notice step can affect the claim.

Does filing an insurance claim stop the statute of limitations?

Generally, it should not be assumed to. Reporting a claim to an insurer or negotiating a settlement usually does not pause the court filing deadline. A specific statute or a valid written tolling agreement may affect the analysis in some cases.

What happens if the personal injury statute of limitations has expired?

Expiration can prevent a claim from proceeding if the defendant raises it as a defense. The outcome still depends on applicable law, the correct accrual date, and whether any tolling or exception is available, so the question may require legal review.

When Should You Seek Personal Injury Legal Help?

State comparison tables explain general filing rules, but the actual deadline in a case may depend on its facts, the claim type, the defendants, and the applicable law. Legal guidance may help when there is uncertainty about filing deadlines, accrual dates, government notice requirements, discovery rules, tolling provisions, or different types of claims. FindTheLawyers helps you explore personal injury lawyers by state or city, so a licensed attorney can review your situation.

Legal Disclaimer: This page provides general legal information only and is not individualized legal advice. Statutes of limitations vary by jurisdiction and claim type, and legal deadlines may change through statutory amendments, court decisions, accrual rules, and legally recognized exceptions. Special notice requirements may apply, and statutes of repose may create separate deadlines. A general state deadline does not necessarily apply to every injury claim, and no representation is made that the information here is complete or applies to any particular case. FindTheLawyers is not acting as your attorney, and using this page does not create an attorney-client relationship. Confirm any relevant deadline with an appropriately qualified legal professional licensed in the applicable jurisdiction.