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Personal injury statute of limitations by state

How long you have to file a personal injury claim depends on where the accident happened. Here is the general rule for each state — but call an attorney to confirm the deadline that applies to your case.

What is a statute of limitations?

A statute of limitations is the legal deadline for filing a lawsuit. File after the deadline and your case is usually barred, no matter how strong the facts are.

Deadlines vary by state and by the type of claim. Some states have different deadlines for car accidents than for slip-and-fall or wrongful death cases. Some start the clock at the date of the accident; others at the date the injury was discovered.

The table below lists the general personal injury deadline for each state. Do not rely on it as the final answer in your case — call an attorney as soon as possible so they can confirm the specific deadline.

All 50 states

Statute of limitations — all 50 states

General personal injury filing deadlines. Talk to an attorney to confirm the deadline that applies to your case.

Standard PI DeadlineNotes
Alabama2 yearsFrom date of injury
Alaska2 yearsFrom date of injury
Arizona2 yearsFrom date of injury
Arkansas3 yearsFrom date of injury
California2 yearsFrom date of injury
Colorado2 years3 years for vehicle accidents
Connecticut2 yearsFrom date of injury
Delaware2 yearsFrom date of injury
Florida2 yearsReduced from 4 years in 2023
Georgia2 yearsFrom date of injury
Hawaii2 yearsFrom date of injury
Idaho2 yearsFrom date of injury
Illinois2 yearsFrom date of injury
Indiana2 yearsFrom date of injury
Iowa2 yearsFrom date of injury
Kansas2 yearsFrom date of injury
Kentucky1 year2 years for vehicle accidents
Louisiana1 yearFrom date of injury
Maine6 yearsFrom date of injury
Maryland3 yearsFrom date of injury
Massachusetts3 yearsFrom date of injury
Michigan3 yearsFrom date of injury
Minnesota6 yearsFrom date of injury
Mississippi3 yearsFrom date of injury
Missouri5 yearsFrom date of injury
Montana3 yearsFrom date of injury
Nebraska4 yearsFrom date of injury
Nevada2 yearsFrom date of injury
New Hampshire3 yearsFrom date of injury
New Jersey2 yearsFrom date of injury
New Mexico3 yearsFrom date of injury
New York3 yearsFrom date of injury
North Carolina3 yearsFrom date of injury
North Dakota6 yearsFrom date of injury
Ohio2 yearsFrom date of injury
Oklahoma2 yearsFrom date of injury
Oregon2 yearsFrom date of injury
Pennsylvania2 yearsFrom date of injury
Rhode Island3 yearsFrom date of injury
South Carolina3 yearsFrom date of injury
South Dakota3 yearsFrom date of injury
Tennessee1 yearFrom date of injury
Texas2 yearsFrom date of injury
Utah4 yearsFrom date of injury
Vermont3 yearsFrom date of injury
Virginia2 yearsFrom date of injury
Washington3 yearsFrom date of injury
West Virginia2 yearsFrom date of injury
Wisconsin3 yearsFrom date of injury
Wyoming4 yearsFrom date of injury

This table lists the standard personal injury deadline only. Claims against government entities, claims involving minors, and injuries discovered later often have their own rules. Contact an attorney to confirm the deadline that applies to your situation.

Important exceptions

Several common exceptions can shorten or lengthen the deadline.

• Claims against a government entity (city, county, state) almost always have far shorter filing windows — often 60 to 180 days — before you can sue. These are called “notice of claim” deadlines.

• Minor victims often have the clock paused until they turn 18.

• Injuries that were not discovered right away may start the clock on the date of discovery, not the date of the accident. This is the “discovery rule.”

• Wrongful death claims often have their own deadline, separate from personal injury deadlines.

Do not rely on general rules. Call an attorney to confirm the deadline in your specific situation.

Related

Related resources

What to do after an accident

Step-by-step checklist for the hours and days after an injury.

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How insurance companies handle claims

The adjuster’s playbook — and why early offers may be low.

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What determines the value of an injury case

Medical bills, lost wages, pain and suffering, and more.

Read more →

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