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Personal Injury Statute of Limitations by State

Most states give you 2 or 3 years from the date of the injury to file a personal injury lawsuit. The shortest general deadline is 1 year and the longest is 6 years. Exceptions can make your deadline shorter or longer, so confirm it with a local attorney.

  • By InjuryRange Editorial Team
  • Updated 29 September 2026
  • No email or phone number required
  • How we calculate
Last checked 29 September 2026. These are the general deadlines for negligence claims. Shorter or longer limits often apply to claims against government bodies, medical malpractice, minors and wrongful death, so confirm your own deadline with a local attorney before relying on it.

Deadlines at a glance

2 jurisdictions: 1 year · 25 jurisdictions: 2 years · 17 jurisdictions: 3 years · 3 jurisdictions: 4 years · 1 jurisdiction: 5 years · 3 jurisdictions: 6 years

StateGeneral deadlineNotes
Alabama2 yearsNone
Alaska2 yearsNone
Arizona2 yearsNone
Arkansas3 yearsNone
California2 yearsNone
Colorado2 yearsMotor vehicle claims generally have a 3-year limit.
Connecticut2 yearsNone
Delaware2 yearsNone
District of Columbia3 yearsNone
Florida2 yearsChanged by HB 837 (2023): modified comparative fault and a 2-year negligence limit for causes of action after 24 March 2023.
Georgia2 yearsNone
Hawaii2 yearsNone
Idaho2 yearsNone
Illinois2 yearsNone
Indiana2 yearsNone
Iowa2 yearsNone
Kansas2 yearsNone
Kentucky1 yearMotor vehicle claims under the MVRA generally allow 2 years.
Louisiana2 yearsModified comparative fault (51% bar) for injuries on or after 1 January 2026; earlier injuries use pure comparative fault. The limit rose from 1 to 2 years for injuries on or after 1 July 2024.
Maine6 yearsNone
Maryland3 yearsNone
Massachusetts3 yearsNone
Michigan3 yearsNo-fault auto system; non-economic damages barred if plaintiff is more than 50% at fault.
Minnesota6 yearsNone
Mississippi3 yearsNone
Missouri5 yearsNone
Montana3 yearsNone
Nebraska4 yearsNone
Nevada2 yearsNone
New Hampshire3 yearsNone
New Jersey2 yearsNone
New Mexico3 yearsNone
New York3 yearsPure comparative fault for most claims. Motor vehicle lawsuits started on or after 26 May 2026 are barred if your fault is greater than the defendants' combined fault, and the no-fault serious injury threshold applies.
North Carolina3 yearsNone
North Dakota6 yearsNone
Ohio2 yearsNone
Oklahoma2 yearsNone
Oregon2 yearsNone
Pennsylvania2 yearsNone
Rhode Island3 yearsNone
South Carolina3 yearsNone
South Dakota3 yearsNone
Tennessee1 yearNone
Texas2 yearsNone
Utah4 yearsNone
Vermont3 yearsNone
Virginia2 yearsNone
Washington3 yearsNone
West Virginia2 yearsNone
Wisconsin3 yearsNone
Wyoming4 yearsNone

Why the deadline matters for your settlement

Insurers settle because of the risk of a lawsuit. Once the deadline passes, that risk disappears and so does most of your negotiating power. If your deadline is close, filing a lawsuit protects the claim while negotiations continue.

Our settlement calculator shows the general deadline for your state when you enter the accident date.

From the blog

Related reading

Questions

Frequently asked questions

What is a statute of limitations for personal injury?

It is the legal deadline for filing a personal injury lawsuit. If you file after it expires, the court will usually dismiss the case and insurers lose any reason to settle.

When does the clock start?

Usually on the date of the injury. Under the discovery rule in many states it can start when you discovered, or reasonably should have discovered, the injury.

Are there exceptions?

Yes. Deadlines can be extended for minors or people who lacked mental capacity, and they are often much shorter for claims against government bodies, which may require a notice of claim within months. Medical malpractice usually has its own limits.

References

Sources

  1. Justia: Personal injury laws: 50-state survey
  2. Cornell LII: Statute of limitations