What is the statute of limitations for personal injury in each state?
What the personal injury statute of limitations means
The statute of limitations for personal injury is the deadline to file a lawsuit in court. If you miss it, a court will almost always dismiss the case, no matter how strong it is. Talking to an insurance company, or having an open claim with one, does not stop the clock.
The clock usually starts on the date of the injury. The list below shows the general deadline for negligence claims, such as car crashes and falls, as of 2026. Special rules, listed further down, can make your deadline shorter or longer.
Personal injury filing deadlines: all 50 states and DC
- Alabama: 2 years
- Alaska: 2 years
- Arizona: 2 years
- Arkansas: 3 years
- California: 2 years
- Colorado: 2 years (3 years for most motor vehicle accident claims)
- Connecticut: 2 years (from when the injury is or should have been discovered, with a 3-year outer limit)
- Delaware: 2 years
- District of Columbia: 3 years
- Florida: 2 years (for negligence claims arising after March 24, 2023 (previously 4 years))
- Georgia: 2 years
- Hawaii: 2 years
- Idaho: 2 years
- Illinois: 2 years
- Indiana: 2 years
- Iowa: 2 years
- Kansas: 2 years
- Kentucky: 1 year (generally 2 years for motor vehicle accident claims under the state's no-fault law)
- Louisiana: 2 years (for injuries on or after July 1, 2024 (previously 1 year))
- Maine: 6 years
- Maryland: 3 years
- Massachusetts: 3 years
- Michigan: 3 years
- Minnesota: 6 years (for negligence; shorter for some intentional harms)
- Mississippi: 3 years
- Missouri: 5 years
- 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
- North Carolina: 3 years
- North Dakota: 6 years
- 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 (can be longer in some cases where the at-fault driver is criminally charged)
- Texas: 2 years
- Utah: 4 years
- Vermont: 3 years
- Virginia: 2 years
- Washington: 3 years
- West Virginia: 2 years
- Wisconsin: 3 years
- Wyoming: 4 years
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See injury lawyers near youCommon exceptions that change your deadline
- Claims against a government. If a city bus, police car, public school or state road crew is involved, you may need to file a written notice of claim within months, sometimes as little as 6 months or less. For claims against the federal government, you generally must file an administrative claim within 2 years.
- Medical malpractice. Most states have a separate deadline, often with an outer limit (a "statute of repose") that applies even if you didn't discover the harm.
- Wrongful death. Often runs from the date of death, not the injury, and may differ from the general injury deadline.
- Injured children. Many states pause the clock until the child turns 18, but not always, and not for every type of claim.
- Discovery rule. Some states start the clock when you knew or should have known about the injury, which matters for hidden injuries and toxic exposure.
- Intentional harm, product defects and dog bites can have their own deadlines in some states.
Recent changes to state injury deadlines
Deadlines do change. Florida cut its general negligence deadline from 4 years to 2 years for claims arising after March 24, 2023. Louisiana went the other direction, extending its deadline for injury (delictual) claims from 1 year to 2 years for injuries on or after July 1, 2024. If your injury happened before a change, the older deadline may still apply.
How to confirm your exact deadline
Because exceptions vary by state and by who caused the injury, treat the list above as a starting point. To confirm:
- Look up your state's statute on the legislature's website.
- Check whether a government agency, doctor or hospital is involved.
- Ask a licensed injury lawyer in your state. Many will tell you your deadline in a free consultation. injurylawyers.si can list injury law firms near your ZIP code.
This is general information, not legal advice. Don't wait until the last weeks; lawyers need time to investigate before filing.
Common questions
Does negotiating with an insurance company stop the statute of limitations?
No. The statute of limitations keeps running while you negotiate with an insurer. Only filing a lawsuit, or in limited cases a written agreement or a specific law, stops it.
Which state has the shortest personal injury statute of limitations?
Kentucky and Tennessee have a general 1-year deadline for personal injury claims, though Kentucky generally allows 2 years for motor vehicle accident claims.
What happens if I miss the statute of limitations?
The defendant can ask the court to dismiss the case, and courts almost always do. Insurers also have little reason to pay a claim that can no longer be filed in court.
Is the deadline different for a claim against a city or state?
Usually yes. Many governments require a formal notice of claim within a much shorter time, sometimes 6 months or less, before you can sue.