What is the statute of limitations for personal injury?
Updated April 20, 2026 · 10 min read
Most states give you 2 or 3 years from the date of your injury to file a personal injury lawsuit. The shortest deadlines are 1 year (Kentucky, Tennessee, Louisiana). The longest are 6 years (Maine, North Dakota). If you miss the deadline, you lose your case — forever.
The clock generally starts on the date of injury. Exceptions exist for minors (the clock usually starts on their 18th birthday), cases against government entities (shorter notice requirements, often 60–180 days), and injuries with delayed discovery (a surgical sponge found years later, for example).
State-by-state personal injury statute of limitations
1 year: Kentucky, Louisiana, Tennessee 2 years: Alabama, Alaska, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia 3 years: Arkansas, Colorado, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin, Wyoming 4 years: Florida, Nebraska, Utah 5 years: Missouri 6 years: Maine, North Dakota
These are for standard negligence cases. Medical malpractice, product liability, and claims against government entities often have different (shorter) deadlines.
Special rules that change the clock
- Minors: The statute usually doesn't start running until the child turns 18. They then have the full limitations period. - Government claims: Notice of claim requirements are often 60–180 days. Miss this and your case is barred even if the normal statute hasn't run. - Discovery rule: For injuries you couldn't reasonably have known about (medical malpractice from a retained object, toxic exposure), the clock may not start until you discover the injury. - Incapacity: In some states, the clock is paused if you're mentally incapacitated. - Fraudulent concealment: If the defendant actively hid the injury or its cause, the clock is often paused.
What "filing" means
To preserve your case, your lawsuit must be filed with the court (not just threatened) before the deadline. Mailing a demand letter to the insurance company does not toll the statute.
A common tactic: attorneys file a lawsuit just before the deadline and then continue negotiating. Once filed, the case is preserved; settlement discussions can continue.
The practical upshot
Do not wait. Even if you think you have "plenty of time," evidence disappears, witnesses move, and memories fade. Most personal injury cases that settle well were started within 3–6 months of the incident. Consult an attorney early; you can always decline to proceed.
Consult an attorney as soon as possible after any injury, especially if there is any uncertainty about the deadline, any governmental entity involved, or any possibility the injury was not immediately apparent. Many statutes of limitations are shorter than people think.
Get a Free Case ReviewFrequently Asked Questions
What happens if I miss the deadline?+
The defendant will move to dismiss and your case will be thrown out, no matter how strong the evidence. There is effectively no appeal of this. Don't miss the deadline.
Does settling with insurance count as filing?+
No. Settlement is completely separate from litigation. You can settle at any point before or after filing.
How do I know exactly when my clock started?+
Usually the date of injury. For some injuries (toxic exposure, latent disease, medical malpractice), it's when you knew or should have known. Verify with an attorney.
Can the statute be extended?+
Rarely. Some states allow tolling for defendant absence from the state, for incapacity, or under specific doctrines. But never count on an extension.
Does this apply to property damage too?+
Property damage often has its own (sometimes different) statute of limitations. In some states it's 3–6 years regardless of the injury statute.
Ask any legal question. Get a real answer in 60 seconds.
We'll point you to the right information — and if you need a qualified attorney, we'll connect you to one for free.