What Is the Statute of Limitations?
The statute of limitations is the legally-mandated deadline within which you must file a personal injury lawsuit. The clock typically starts running on the date of the accident or the date you discovered (or reasonably should have discovered) your injury.
Why This Deadline Matters So Much
If you miss the statute of limitations, the defendant's attorney will file a motion to dismiss your case, and the court will grant it — no exceptions. You won't be able to argue that you didn't know about the deadline, that you were dealing with medical treatment, or that your injuries were severe. The deadline is absolute.
Statute of Limitations by State (Personal Injury)
| State | Time Limit | Notes |
|---|---|---|
| Alabama | 2 years | Contributory negligence state |
| Alaska | 2 years | |
| Arizona | 2 years | |
| Arkansas | 3 years | |
| California | 2 years | 6 months for claims vs. government |
| Colorado | 3 years | |
| Connecticut | 2 years | |
| Delaware | 2 years | |
| Florida | 2 years | Changed from 4 years in 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 | Very short — act immediately |
| Louisiana | 1 year | Very short — act immediately |
| Maine | 6 years | Longest in the U.S. |
| Maryland | 3 years | Contributory negligence state |
| Massachusetts | 3 years | |
| Michigan | 3 years | No-fault auto state |
| Minnesota | 2 years | |
| Mississippi | 3 years | |
| Missouri | 5 years | Very generous |
| 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 | 2.5 years for medical malpractice |
| North Carolina | 3 years | Contributory negligence state |
| North Dakota | 6 years | Longest alongside Maine |
| 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 | Very short — act immediately |
| Texas | 2 years | |
| Utah | 4 years | |
| Vermont | 3 years | |
| Virginia | 2 years | Contributory negligence state |
| Washington | 3 years | |
| West Virginia | 2 years | |
| Wisconsin | 3 years | |
| Wyoming | 4 years |
Important Exceptions to the Statute of Limitations
The Discovery Rule
In some cases, injuries are not immediately apparent. The "discovery rule" may toll (pause) the statute of limitations until the date you discovered — or reasonably should have discovered — your injury and its cause. This is particularly relevant in medical malpractice and toxic exposure cases.
Claims Against Government Entities
If your injury was caused by a government employee or on government property, special rules apply. You must typically file a Notice of Claim within 90 to 180 days — before you can even file a lawsuit. Missing this shorter deadline is devastating to your case.
Minors and Disabled Persons
Most states toll the statute of limitations for minors until they turn 18. Similar protections may apply to individuals who are mentally incapacitated. However, the rules vary significantly by state.
The Bottom Line: Don't Wait
Even if you're in a state with a generous statute of limitations, waiting is never wise. Evidence disappears, witnesses forget details, and surveillance footage gets deleted. Contact a personal injury attorney as soon as possible after your injury to protect your rights.