Personal Injury Statute of Limitations by State (2026)

The statute of limitations is the single most critical deadline in personal injury law. Miss it and you permanently lose your right to file a lawsuit — no matter how strong your case or how severe your injuries. Insurance companies know your deadline; you should too.

What Is the Statute of Limitations?

The statute of limitations (SOL) is the legal deadline by which you must file a lawsuit. In most personal injury cases, the clock starts on the date of the injury (or in some cases, the date you discovered the injury).

Once the SOL expires:

• You cannot file a lawsuit
• The defendant can have your case dismissed immediately
• No attorney can revive your claim
• The insurance company has no incentive to settle

Statute of Limitations by State

| State | General Personal Injury SOL | |---|---| | Alabama | 2 years | | Alaska | 2 years | | Arizona | 2 years | | Arkansas | 3 years | | California | 2 years | | Colorado | 3 years | | Connecticut | 2 years | | Delaware | 2 years | | Florida | 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 | | Louisiana | 1 year | | Maine | 6 years | | Maryland | 3 years | | Massachusetts | 3 years | | Michigan | 3 years | | Minnesota | 2 years | | 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 | | 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 | | Washington D.C. | 3 years |

Important Exceptions and Tolling Rules

The deadlines above apply to most general personal injury cases, but several important exceptions exist:

Claims Against Government Entities

If you were injured by a government employee or on government property, notice deadlines are much shorter — often 6 months or less. You may need to file an administrative claim before filing a lawsuit.

Discovery Rule

In some cases, the clock starts when you discovered (or reasonably should have discovered) the injury — not the date it occurred. This commonly applies to:

• Medical malpractice (latent injuries)
• Toxic exposure cases
• Defective product injuries that manifest gradually

Minor Plaintiffs

Most states toll (pause) the statute of limitations for minors until they reach age 18. So a 10-year-old injured in an accident typically has until age 20 to file — but confirm with an attorney in your state.

Mental Incapacity

If the injured person was mentally incapacitated at the time of injury, the SOL may be tolled until capacity is restored.

Defendants Who Leave the State

If the at-fault party leaves the state, the limitations period may be tolled for the time they were absent.

States with Particularly Short Deadlines

1-year deadline states (extremely urgent):

• Kentucky — 1 year for personal injury
• Louisiana — 1 year (called "prescription" in Louisiana law)
• Tennessee — 1 year for personal injury

If you live in these states and were recently injured, contacting an attorney should be your immediate priority.

Why You Should Act Well Before the Deadline

Even with 2–3 years, waiting creates real problems:

• Evidence disappears: Surveillance footage is overwritten, witnesses move away, physical evidence degrades
• Memories fade: Witnesses' accounts become less reliable
• Medical records become harder to obtain
• Attorneys need time to investigate before filing

Most experienced personal injury attorneys recommend contacting them within weeks of your injury, not months.

The Bottom Line

Don't play games with the statute of limitations. Look up your state's deadline above, and act accordingly. If you're unsure whether an exception applies to your situation, consult a licensed personal injury attorney. A free initial consultation costs nothing; missing your filing deadline costs everything.