Statute of limitations for personal injury claims by state in 2026
A personal injury statute of limitations sets the deadline to file a lawsuit. The deadline ranges from one year in Kentucky and Louisiana to six years in Maine. This article lists the deadline for every U.S. state plus the District of Columbia and the legal exceptions that pause the clock.
Statute of limitations for personal injury claims by state in 2026
A personal injury statute of limitations sets the deadline by which a claimant must file a lawsuit. The deadline starts on the date of injury in most states and runs continuously until expiration. Filing after the deadline results in mandatory dismissal regardless of the merits of the claim. This article lists the deadline for every U.S. state plus the District of Columbia and the four legal doctrines that pause or extend the clock.
Why the statute of limitations is the deadline that ends every other deadline
A personal injury statute of limitations is jurisdictional in every U.S. state: a court has no authority to hear a lawsuit filed after expiration. Insurance companies routinely run out the calendar during settlement negotiations on the assumption that the claimant does not understand the deadline. Once the clock expires, the claim has no settlement value because the insurer has no incentive to pay an unenforceable claim.
Statute of limitations for general personal injury by state
| State | Years | Statute citation |
|---|---|---|
| Alabama | 2 | Ala. Code 6-2-38 |
| Alaska | 2 | Alaska Stat. 09.10.070 |
| Arizona | 2 | A.R.S. 12-542 |
| Arkansas | 3 | Ark. Code 16-56-105 |
| California | 2 | Cal. Civ. Proc. Code 335.1 |
| Colorado | 2 | C.R.S. 13-80-102 |
| Connecticut | 2 | Conn. Gen. Stat. 52-584 |
| Delaware | 2 | 10 Del. C. 8119 |
| District of Columbia | 3 | D.C. Code 12-301 |
| Florida | 2 | Fla. Stat. 95.11(3)(a) |
| Georgia | 2 | O.C.G.A. 9-3-33 |
| Hawaii | 2 | HRS 657-7 |
| Idaho | 2 | Idaho Code 5-219 |
| Illinois | 2 | 735 ILCS 5/13-202 |
| Indiana | 2 | Ind. Code 34-11-2-4 |
| Iowa | 2 | Iowa Code 614.1(2) |
| Kansas | 2 | K.S.A. 60-513 |
| Kentucky | 1 | KRS 413.140 |
| Louisiana | 1 | La. Civ. Code 3492 |
| Maine | 6 | 14 M.R.S. 752 |
| Maryland | 3 | Md. Code Cts. & Jud. Proc. 5-101 |
| Massachusetts | 3 | M.G.L. c. 260, 2A |
| Michigan | 3 | MCL 600.5805 |
| Minnesota | 2 | Minn. Stat. 541.07 |
| Mississippi | 3 | Miss. Code 15-1-49 |
| Missouri | 5 | Mo. Rev. Stat. 516.120 |
| Montana | 3 | Mont. Code 27-2-204 |
| Nebraska | 4 | Neb. Rev. Stat. 25-207 |
| Nevada | 2 | NRS 11.190 |
| New Hampshire | 3 | RSA 508:4 |
| New Jersey | 2 | N.J.S.A. 2A:14-2 |
| New Mexico | 3 | NMSA 37-1-8 |
| New York | 3 | CPLR 214 |
| North Carolina | 3 | N.C. Gen. Stat. 1-52 |
| North Dakota | 6 | N.D.C.C. 28-01-16 |
| Ohio | 2 | Ohio Rev. Code 2305.10 |
| Oklahoma | 2 | 12 O.S. 95 |
| Oregon | 2 | ORS 12.110 |
| Pennsylvania | 2 | 42 Pa.C.S. 5524 |
| Rhode Island | 3 | R.I. Gen. Laws 9-1-14 |
| South Carolina | 3 | S.C. Code 15-3-530 |
| South Dakota | 3 | SDCL 15-2-14 |
| Tennessee | 1 | Tenn. Code 28-3-104 |
| Texas | 2 | Tex. Civ. Prac. & Rem. Code 16.003 |
| Utah | 4 | Utah Code 78B-2-307 |
| Vermont | 3 | 12 V.S.A. 512 |
| Virginia | 2 | Va. Code 8.01-243 |
| Washington | 3 | RCW 4.16.080 |
| West Virginia | 2 | W. Va. Code 55-2-12 |
| Wisconsin | 3 | Wis. Stat. 893.54 |
| Wyoming | 4 | Wyo. Stat. 1-3-105 |
The discovery rule: when the clock starts later
The discovery rule pauses the start of the statute of limitations until the claimant discovers, or reasonably should have discovered, the injury and its cause. The discovery rule applies in every state to claims where the injury is latent: medical malpractice with delayed symptoms, asbestos exposure, repressed memory of childhood abuse, and toxic exposure cases. The rule does not apply to most car accidents because the injury is contemporaneous with the impact.
Minor tolling: how the clock pauses for injured children
The statute of limitations for a personal injury claim by a minor is tolled until the minor reaches the age of majority (18 in most states; 19 in Alabama and Nebraska; 21 in Mississippi). After the minor turns 18, the regular statute of limitations begins. A Texas child injured at age 8 in a 2026 collision can file a personal injury lawsuit any time between age 8 and age 20 (18 + 2 year general statute).
Fraudulent concealment and equitable tolling
A defendant who actively conceals the cause of the injury is barred from raising the statute of limitations as a defense. Fraudulent concealment requires affirmative acts of misrepresentation, not mere silence. Equitable tolling applies when the claimant was prevented from filing by extraordinary circumstances beyond their control: incapacity, military service in a combat zone, or pendency of a parallel claim that the defendant induced the claimant to pursue.
Wrongful death and medical malpractice statutes are separate
Most states have separate, shorter statutes of limitations for wrongful death and medical malpractice. Wrongful death deadlines typically range from 1 to 3 years from the date of death (not the date of injury). Medical malpractice deadlines often combine a 2-year limitation period with a 4-year statute of repose that runs from the date of treatment regardless of discovery. See wrongful death claims explained and medical malpractice damages caps by state for the case-specific deadlines.
Practical advice for claimants approaching a deadline
A claimant within 90 days of a statute of limitations expiration should retain a personal injury attorney immediately. Filing a lawsuit stops the clock; settlement negotiations do not. Insurance companies that have not made a final offer 30 days before the deadline are not negotiating in good faith and a lawsuit is the only mechanism to preserve the claim. The directory at injury-lawyer.help lists bar verified personal injury attorneys in every state who can file before the deadline expires.
To find an attorney by state, browse California, Texas, Florida, New York, or any of the 50 states. For a structured intake, use the get-matched form.