Personal Injury Statute of Limitations: How Long Do You Have to Sue?
There is a hard deadline on filing a personal injury lawsuit, and in a lot of cases it’s earlier than people assume. Here’s the number, and the three things that can change it.
Most states give you two or three years from the date of injury to file a personal injury lawsuit — but your state’s period may be shorter, the clock may have begun on a different date than you think, and claims against government entities often carry a separate notice deadline measured in months, not years.
- Two to three years is typical — your state may differ
- The clock usually starts the day of the injury, not the day you decided to act
- Claims against a government body can have a notice deadline of only a few months
- Miss the deadline and the claim is generally gone permanently, however strong it was
| Type of claim | Typical range across states | When the clock usually begins |
|---|---|---|
| Personal injury | 1–6 years, most commonly 2–3 years | The date of the injury |
| Medical malpractice | 1–3 years, often paired with a separate outer limit | The date of the negligent act, or the date the injury was discovered, depending on the state |
| Wrongful death | 1–3 years | The date of death, not the date of the injury that caused it |
| Product liability | 2–3 years, close to the general injury period | The date of injury, sometimes with a separate outer limit from the date of sale |
| Property damage | 2–6 years, often longer than a personal injury claim in the same state | The date the damage occurred or was discovered |
| A claim against a government entity | Often just 60–180 days for the required notice, even where the underlying lawsuit deadline is longer | The date of the incident — and this notice clock is separate from, and usually shorter than, the statute of limitations |
Find your state below, then read the three things that can change your date.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline for filing a lawsuit — not for settling it, not for finishing it, just for getting it started. File after the deadline expires and the defendant can ask the court to throw the case out, regardless of how strong the evidence is or how serious the injury was. Every state sets its own deadline, and most courts describe the concept the same way: once the clock runs out, the courthouse door is generally closed for good.
These deadlines exist to keep evidence and memories reasonably fresh and to give defendants some point at which they can stop worrying about being sued over an old event. They are not a judgment on how serious your injury is — a devastating injury filed one day late gets dismissed just as surely as a minor one.
Criminal prosecution deadlines and debt-collection deadlines are separate topics, governed by entirely different rules — this page covers only personal injury lawsuits.
When Does the Clock Begin?
The default rule is simple and easy to misjudge: the period usually runs from the date the injury occurred — not the date you decided to pursue it, not the date your treatment ended, and not the date an insurer denied your claim.
There’s an important exception: the discovery rule. Where an injury couldn’t reasonably have been discovered right away, many states start the clock on the date the injury was — or reasonably should have been — discovered, rather than the date it actually happened. Whether this rule applies, and how it’s applied, varies substantially by state and by claim type. It’s common in medical malpractice and toxic-exposure cases, less common for a straightforward slip-and-fall.
A separate and harder concept is the statute of repose. This is an absolute outer limit, measured from the date of the underlying act — and unlike the discovery rule, it can bar a claim even if the injury hasn’t been discovered yet. A statute of repose doesn’t extend anything; it caps everything, including the discovery rule itself. This is the single most under-explained concept in this topic, and it shows up most often in medical malpractice claims.
For wrongful death, the clock commonly runs from the date of death, not the date of the injury that caused it — which can be a meaningfully different date, especially after a long illness or a slow decline.
Statute of Limitations by State
The table below gives the general personal injury, wrongful death, and medical malpractice period in each state and the District of Columbia. These are baselines, not guarantees — a meaningful number of states changed these exact numbers within the last three years (Florida cut its general negligence deadline from four years to two in 2023, and Louisiana extended its one-year deadline to two years in 2024), which is exactly why a table like this needs a visible verification date and why you should treat it as a starting point.
One caution worth naming directly: several widely-circulated deadline charts online currently describe medical malpractice reductions in Missouri, Minnesota, and Utah as if they’d already taken effect. Checking each one against the state’s official current statute, we found none of those three had actually taken effect as of this table’s verification date — the underlying bills exist, but hadn’t yet changed the operative law. It’s a useful reminder that a bill being introduced, or even passed by one chamber, isn’t the same as a bill being signed into law and in force. This is one more reason the “confirm with a licensed attorney” instruction throughout this page isn’t boilerplate.
Where a state’s rule is genuinely conditional — a different period depending on the defendant, or a dual-clause rule where the shorter of two dates controls — the cell says so, or reads “confirm with a licensed attorney,” rather than printing a bare number you could rely on incorrectly. Car accidents are the single most common reason readers land on this table; once you’ve found your state’s deadline, our car accident lawyer guide covers what happens next, from fees to claims to settlements.
| State | Personal injury | Wrongful death | Medical malpractice |
|---|---|---|---|
| Alabama | 2 years | 2 years | 2 years |
| Alaska | 2 years | 2 years | 2 years |
| Arizona | 2 years — A.R.S. § 12-542 | 2 years | 2 years |
| Arkansas | 3 years | 3 years | 2 years |
| California | 2 years | 2 years | 1 year from discovery or 3 years from the act, whichever is earlier — Cal. Civ. Proc. Code § 340.5 |
| Colorado | 2 years (3 years for motor vehicle claims) | 2 years | 2 years |
| Connecticut | 2 years | 2 years | 2 years |
| Delaware | 2 years (3 years if not reasonably discoverable) | 2 years | 2 years |
| District of Columbia | 3 years | 2 years | 3 years |
| Florida | 2 years (for claims accruing on or after March 24, 2023) | 2 years | 2 years |
| Georgia | 2 years — O.C.G.A. § 9-3-33 | 2 years | 2 years (5-year statute of repose) |
| Hawaii | 2 years | 2 years | 2 years |
| Idaho | 2 years | 2 years | 2 years |
| Illinois | 2 years — 735 ILCS 5/13-202 | 2 years | 2 years from discovery (4-year statute of repose) |
| Indiana | 2 years — Ind. Code § 34-11-2-4 | 2 years | 2 years |
| Iowa | 2 years | 2 years | 2 years |
| Kansas | 2 years | 2 years | 2 years |
| Kentucky | 1 year | 1 year | 1 year |
| Louisiana | 2 years (extended from 1 year for injuries on or after July 1, 2024) | 2 years | 1 year from the act or discovery, capped at 3 years from the act — a separate rule under the state’s Medical Malpractice Act (La. R.S. § 9:5628), unaffected by the general 2024 extension |
| Maine | 6 years | 3 years | 3 years |
| Maryland | 3 years — Md. Cts. & Jud. Proc. § 5-101 | 3 years — Md. Cts. & Jud. Proc. § 3-904 | The earlier of 5 years from injury or 3 years from discovery — Md. Cts. & Jud. Proc. § 5-109 |
| Massachusetts | 3 years — Mass. Gen. Laws ch. 260, § 2A | 3 years | 3 years, with a discovery rule (7-year statute of repose) |
| Michigan | 3 years | 3 years | 2 years from the act, or 6 months from discovery, whichever is later, capped at 6 years — MCL § 600.5838a |
| Minnesota | 6 years | 3 years | 4 years — Minn. Stat. § 541.076 |
| Mississippi | 3 years | 3 years | 2 years |
| Missouri | 5 years — RSMo § 516.120 | 3 years — RSMo § 537.100 | 2 years — RSMo § 516.105 |
| Montana | 3 years | 3 years | 2 years from injury or discovery (whichever is later), capped at 5 years — Mont. Code § 27-2-205; a further change to this statute is scheduled to take effect October 1, 2026, so confirm the current rule with a licensed attorney |
| Nebraska | 4 years | 2 years | 2 years |
| Nevada | 2 years | 2 years | 3 years from the act or 2 years from discovery, whichever occurs first, for injuries on or after October 1, 2023 — NRS 41A.097, as amended by AB 404 (2023) |
| New Hampshire | 3 years | 3 years | 3 years |
| New Jersey | 2 years — N.J.S.A. 2A:14-2 | 2 years — N.J.S.A. 2A:31-3 | 2 years |
| New Mexico | 3 years | 3 years | 3 years |
| New York | 3 years — CPLR § 214 | 2 years | 2.5 years — CPLR § 214-a |
| North Carolina | 3 years — N.C. Gen. Stat. § 1-52 | 2 years | 3 years from the act, or 1 year from discovery, capped at 4 years — N.C. Gen. Stat. § 1-15(c) |
| North Dakota | 6 years | 2 years | 2 years |
| Ohio | 2 years | 2 years | 1 year |
| Oklahoma | 2 years | 2 years | 2 years |
| Oregon | 2 years | 3 years | 2 years |
| Pennsylvania | 2 years — 42 Pa.C.S. § 5524 | 2 years | 2 years |
| Rhode Island | 3 years | 3 years | 3 years |
| South Carolina | 3 years | 3 years | 3 years |
| South Dakota | 3 years | 3 years | 2 years |
| Tennessee | 1 year — Tenn. Code § 28-3-104 | 1 year | 1 year from discovery (3-year statute of repose) |
| Texas | 2 years — Tex. Civ. Prac. & Rem. Code § 16.003 | 2 years | 2 years from the act or end of treatment (10-year statute of repose) |
| Utah | 4 years | 2 years | 2 years from discovery, capped at 4 years from the act — Utah Code § 78B-3-404 |
| Vermont | 3 years | 2 years | 3 years |
| Virginia | 2 years — Va. Code § 8.01-243 | 2 years — Va. Code § 8.01-244 | 2 years from the act, up to 1 extra year if not reasonably discoverable, capped at 5 years — Va. Code § 8.01-243.1 |
| Washington | 3 years — RCW 4.16.080 | 3 years | 3 years from the act, or 1 year from discovery, whichever is later, capped at 8 years — RCW 4.16.350 |
| West Virginia | 2 years | 2 years | 2 years |
| Wisconsin | 3 years — Wis. Stat. § 893.54 | 3 years (2 years if the death arose from a motor vehicle accident) | 3 years from the act, or 1 year from discovery, whichever is later, capped at 5 years — Wis. Stat. § 893.55 |
| Wyoming | 4 years | 2 years | 2 years |
Use this table to find your starting point, not your final answer. Discovery rules, statutes of repose, government notice requirements, and defendant-specific exceptions can all move your actual deadline earlier or later than the number above.
Estimate Your Filing Deadline
This tool adds the general period from the table above to the date you enter, so you can see roughly where you stand. It does not know the facts of your case, so treat the result as a starting point for a conversation with an attorney — not as your actual deadline.
This tool adds a state’s general limitations period to the date you enter. It does not account for the discovery rule, statutes of repose, tolling, government notice requirements, or the facts of your case. It is an illustration, not legal advice, and it is not a substitute for speaking with a licensed attorney in your state.
Medical Malpractice: Shorter Deadlines and an Absolute Cutoff
Medical malpractice deadlines are usually shorter than the general personal injury period in the same state, and they’re built differently. Most states pair a relatively short filing window — often one to three years — with a discovery rule that can start the clock later, when the injury was or should have been recognized as possible malpractice rather than bad luck.
Many states also require pre-suit steps before you can even file — a certificate or affidavit of merit from a medical expert, advance notice to the provider, or review by a screening panel. California, for example, requires 90 days’ written notice to the provider before you sue, on top of its own short filing window. These steps take real time, and because they generally have to be completed inside the limitations window, they effectively shorten your practical deadline even though the statute itself hasn’t changed.
Claims involving minors, a foreign object left in the body, or a public hospital frequently follow different rules again — sometimes more generous, sometimes not. For a fuller look at how liability gets established once you’re inside the window, see our guide to medical malpractice liability risks.
Wrongful Death Deadlines
If you’re reading this section, we’re sorry for your loss.
The wrongful death filing period commonly runs from the date of death, not the date of the injury that caused it. That’s a meaningful distinction after a long illness, a slow decline, or a delayed complication — the countdown often doesn’t start until the day your loved one died. New York’s wrongful death statute is a good example of how these are written: the deadline and who may file are both spelled out in the same provision.
The right to file is typically limited to specific people — often a personal representative of the estate, sometimes a defined class of surviving family members set by state law, not just whoever feels the loss most directly.
A wrongful death claim and a survival action are legally distinct and can carry different deadlines in the same state. In plain terms: a wrongful death claim compensates surviving family members for their own losses, such as lost financial support and companionship, while a survival action compensates the deceased person’s estate for what they personally suffered before they died — their pain, their medical bills, their lost wages. The two can sometimes be filed together, but each is measured against its own clock. Our wrongful death guide covers what each one involves beyond the filing deadline.
What Can Pause the Clock?
A few doctrines can pause — “toll” — the statute of limitations. Availability and scope vary by state, so treat this table as a list of questions to ask an attorney, not a set of guarantees.
| Situation | Who it applies to | Effect on the deadline |
|---|---|---|
| An injured minor | Someone injured before turning 18 | The clock often doesn’t start until the minor turns 18, though many states set a narrower rule for medical malpractice and government claims — this varies by state |
| Legal incapacity | Someone under a recognized legal disability when the claim arose | The clock often pauses during the incapacity — availability varies by state |
| Defendant left the state or concealed the wrongdoing | Cases where the defendant is absent from the state or fraudulently hides the wrongdoing | Time spent absent or concealing often doesn’t count against the deadline — availability varies by state |
| Equitable tolling | Narrow, fact-specific circumstances a court finds warrant pausing the clock | Available in limited situations in some states — never something to plan around, and availability varies by state |
| The defendant files for bankruptcy | Claims against a defendant (often a business) that files for federal bankruptcy protection before you sue | A federal “automatic stay” generally blocks new lawsuits against that defendant while the case is pending. Under 11 U.S.C. § 108(c), if your state deadline would have expired during that stay, you generally get at least 30 days after the stay ends to file — but this is a narrow federal rule, not a broad extension, and it’s easy to miscalculate |
Tolling is neither automatic nor universal. None of these doctrines apply themselves — someone has to raise them, prove the facts, and often plead them correctly from the start. Don’t delay filing on the assumption that a tolling rule will rescue you later.
The Deadlines That Are Even Shorter
Nothing else on this page is as likely to save — or cost — a reader their claim as this section.
| Situation | The separate deadline | What happens if you miss it |
|---|---|---|
| A claim against a city, county, or state entity | Often 60 to 180 days to file a formal notice of claim, well before any lawsuit — the exact window depends on the state and the entity | The claim is generally barred even though the statute of limitations may still have years left |
| A claim against a federal entity | An administrative claim within 2 years of accrual, then a lawsuit within 6 months of the agency’s final denial, under 28 U.S.C. § 2401(b) | The lawsuit is generally barred if the administrative claim wasn’t filed first |
| Notifying your own insurer under your policy | Often “prompt” or “immediate” notice, sometimes effectively just days | Can cost you coverage under the policy, even while the statute of limitations is still open |
| Reporting a workplace injury for workers’ compensation | Often 30 days or less to notify your employer, with a separate filing deadline after that | Can bar the workers’ compensation claim regardless of the general injury statute |
A claim against a government body works differently from a claim against a private party. Someone struck by a city bus, injured on public property, or treated at a public hospital is affected by this — and almost never knows it until it’s too late. Miss the notice deadline and the claim is generally barred, even though the statute of limitations itself had years left. California’s government claims process is a useful example: a claim to the public entity, a short response window, and only then the right to sue.
Workers’ compensation has its own reporting and filing deadlines, typically much shorter than a personal injury statute. Our workers’ compensation guide covers those rights, claims, and deadlines in full.
Long-Latency and Exposure Claims
Some diseases don’t appear until decades after the exposure that caused them. Asbestos-related illness is the clearest example: because the injury often can’t be discovered until diagnosis, these claims are typically governed by discovery-based rules running from the date of diagnosis rather than the date of exposure. They also frequently involve multiple defendants with different timelines and different degrees of responsibility.
This page won’t rebuild that analysis — our asbestos exposure claims guide already covers filing deadlines for that claim type in depth.
What If the Deadline Has Already Passed?
The honest answer first: generally, a claim filed after the statute of limitations expires can be dismissed and cannot be revived. We’re not going to tell you otherwise.
But here’s the genuinely useful part — you may be wrong about your own date. The clock may have begun later than you assume, a tolling doctrine may apply to your situation, your claim may fall into a different category with a longer period, or a different defendant in the same event may carry a different deadline entirely. Some states have also enacted narrow revival windows that temporarily reopen claims that would otherwise be permanently time-barred. The clearest example involves civil claims for childhood sexual abuse: in recent years, a number of states have both lengthened the ordinary filing deadline for these claims and opened temporary “lookback” windows allowing survivors to file even if their original deadline had already passed. New York’s Child Victims Act permanently extended the civil filing deadline to a survivor’s 55th birthday and opened a lookback window that has since closed; California’s AB 218 extended the deadline to age 40 (or five years from discovery) and opened its own lookback window, which also closed at the end of 2022. Several other states have passed similar reforms, and more may follow. This is a fast-moving, specialized area of law with its own trauma-informed considerations well beyond what a general injury deadline guide can cover — if this applies to you or someone you know, an attorney who focuses specifically on abuse survivor cases is the right next step, not this table.
Frequently Asked Questions
- What is a statute of limitations?
- A legal deadline for filing a lawsuit. Miss it, and the court can dismiss the case regardless of its merits.
- How long do I have to file a personal injury lawsuit?
- Most states give two or three years from the date of injury, but the period ranges from one year to six years depending on the state — check the table above for yours.
- When does the clock actually begin?
- Usually the date of the injury. Some states apply a discovery rule that starts the clock later, when the injury was or reasonably should have been discovered.
- Does the deadline differ from state to state?
- Yes, significantly. The same type of claim can carry a one-year deadline in one state and a six-year deadline in another.
- Is the deadline different for medical malpractice?
- Usually, yes — malpractice periods are often shorter than the general personal injury period, and many states add a separate outer limit called a statute of repose.
- How long do I have to file a wrongful death claim?
- Typically one to three years, most often running from the date of death rather than the date of the underlying injury.
- What is a statute of repose?
- An absolute outer deadline measured from the date of the act, not the date of discovery. It can bar a claim even before the injury is discovered.
- Does the deadline pause for a child who was injured?
- Often, yes — many states pause the clock until the child turns 18, though medical malpractice and government claims frequently carry their own narrower rules.
- Is the deadline different if a government agency is involved?
- Yes. Claims against government entities usually require a separate notice of claim, often within just a few months, well before any lawsuit deadline.
- Is filing a lawsuit the same as filing an insurance claim?
- No. Notifying your own insurer is a separate contractual deadline, often much shorter, that runs independently of the statute of limitations.
- Does settling with an insurer extend my deadline?
- Not automatically. Settlement negotiations don’t pause the statute of limitations in most states, so a lawsuit can still need to be filed while talks continue.
- What happens if I miss the deadline?
- The claim can generally be dismissed permanently. Exceptions exist, but they’re fact-specific — have an attorney check before assuming it’s over.
- Do I have to finish my case before the deadline, or only file?
- Only file. The statute of limitations governs when the lawsuit must be started in court, not when it must conclude.
This article is for educational and informational purposes only and is not legal advice, and reading it does not create an attorney-client relationship. Limitations periods, tolling rules, notice requirements, and exceptions vary by state and by the specific facts of a case, and they change. The periods described here were verified against state sources as of publication and are general baselines only — your actual deadline may be shorter. If you believe you may have a claim, consult a licensed attorney in your state promptly. Missing a filing deadline generally ends a claim permanently, no matter how strong it is.
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Daniel Hayes is the founder and sole researcher at AdvoraHQ. He covers U.S. personal finance, insurance, and consumer law — working directly from IRS publications, federal and state statutes, court opinions, and SEC filings rather than secondary summaries. His focus is the gap between what readers think they know and what the source documents actually say. Daniel is not a licensed attorney, CPA, or financial advisor; his articles are educational and not personalized advice. Reach him at Daniel.Hayes@advorahq.com.
