Statute of Limitations for Personal Injury by State: 2026 Guide

Quick Answer: The statute of limitations for a general personal injury claim varies by state. Most states generally provide two or three years to file a lawsuit, but the period can be as short as one year or as long as six years. Special rules may apply to medical malpractice, wrongful death, claims against government entities, minors, latent injuries, and other situations.

If you have been injured because of another person's negligence, one of the most important questions is not only whether you have a valid claim, but whether you still have time to bring it.

A statute of limitations is a legal deadline for starting a lawsuit. If the applicable deadline expires, a defendant may be able to obtain dismissal of the claim even when the underlying allegations are otherwise substantial.

There is no single nationwide personal injury deadline. The applicable period is generally determined by state law, and the rules can differ significantly from one jurisdiction to another.

This guide provides a general 2026 reference for personal injury statutes of limitations in all 50 states and explains important exceptions that can change the deadline.

Important: The deadlines in the table below are general personal injury periods. They are not a substitute for determining the exact limitation period applicable to a particular claim. Special causes of action and defendants can have different deadlines or pre-suit requirements.

Legal information notice: This article provides general educational information about U.S. law. It is not legal advice and does not create an attorney-client relationship. Statutes of limitations, tolling rules, discovery rules, notice requirements, and exceptions vary by state and by claim. If you believe you have a personal injury claim, consult a qualified attorney in the relevant jurisdiction promptly.

Personal Injury Statute of Limitations by State

Quick Answer: The general personal injury statute of limitations ranges from one year to six years across the United States. Kentucky and Tennessee generally have one-year periods, while Maine and North Dakota generally provide six years. Most states fall between two and three years. The exact deadline can differ for particular claims or circumstances.

The following table is a general 50-state reference for ordinary personal injury claims. It should not be used as the sole basis for deciding whether a specific lawsuit is timely.

State	General Personal Injury Deadline	General Statutory Reference
Alabama	2 years	Ala. Code § 6-2-38
Alaska	2 years	Alaska Stat. § 09.10.070
Arizona	2 years	Ariz. Rev. Stat. § 12-542
Arkansas	3 years	Ark. Code § 16-56-105
California	2 years	Cal. Civ. Proc. Code § 335.1
Colorado	2 years generally; 3 years for certain motor-vehicle claims	Colo. Rev. Stat. §§ 13-80-101, 13-80-102
Connecticut	2 years	Conn. Gen. Stat. § 52-584
Delaware	2 years	10 Del. C. § 8119
Florida	2 years for general negligence claims	Fla. Stat. § 95.11(4)(a)
Georgia	2 years	Ga. Code § 9-3-33
Hawaii	2 years	Haw. Rev. Stat. § 657-7
Idaho	2 years	Idaho Code § 5-219
Illinois	2 years	735 ILCS 5/13-202
Indiana	2 years	Ind. Code § 34-11-2-4
Iowa	2 years	Iowa Code § 614.1
Kansas	2 years	Kan. Stat. § 60-513
Kentucky	1 year	Ky. Rev. Stat. § 413.140
Louisiana	2 years for applicable claims accruing under the current rule	La. Civ. Code art. 3493.1
Maine	6 years	14 M.R.S. § 752
Maryland	3 years	Md. Cts. & Jud. Proc. Code § 5-101
Massachusetts	3 years	Mass. Gen. Laws ch. 260, § 2A
Michigan	3 years	Mich. Comp. Laws § 600.5805
Minnesota	2 years for ordinary personal-injury torts	Minn. Stat. § 541.07
Mississippi	3 years	Miss. Code § 15-1-49
Missouri	5 years	Mo. Rev. Stat. § 516.120
Montana	3 years	Mont. Code Ann. § 27-2-207
Nebraska	4 years	Neb. Rev. Stat. § 25-207
Nevada	2 years	Nev. Rev. Stat. § 11.190
New Hampshire	3 years	N.H. Rev. Stat. § 508:4
New Jersey	2 years	N.J. Stat. § 2A:14-2
New Mexico	3 years	N.M. Stat. § 37-1-8
New York	3 years	N.Y. C.P.L.R. § 214
North Carolina	3 years	N.C. Gen. Stat. § 1-52
North Dakota	6 years	N.D. Cent. Code § 28-01-16
Ohio	2 years	Ohio Rev. Code § 2305.10
Oklahoma	2 years	12 Okla. Stat. § 95
Oregon	2 years	Or. Rev. Stat. § 12.110
Pennsylvania	2 years	42 Pa. C.S. § 5524
Rhode Island	3 years	R.I. Gen. Laws § 9-1-14
South Carolina	3 years	S.C. Code § 15-3-530
South Dakota	3 years	S.D. Codified Laws § 15-2-14
Tennessee	1 year	Tenn. Code § 28-3-104
Texas	2 years	Tex. Civ. Prac. & Rem. Code § 16.003
Utah	4 years	Utah Code § 78B-2-307
Vermont	3 years	12 V.S.A. § 512
Virginia	2 years	Va. Code § 8.01-243
Washington	3 years	Wash. Rev. Code § 4.16.080
West Virginia	2 years	W. Va. Code § 55-2-12
Wisconsin	3 years	Wis. Stat. § 893.54
Wyoming	4 years	Wyo. Stat. § 1-3-106

District of Columbia: The general personal injury limitation period in the District of Columbia is generally three years under D.C. Code § 12-301.

The state-by-state figures above are intended as a general reference. A current 2026 compilation verified against primary state authorities places the shortest general periods at one year in Kentucky and Tennessee and the longest at six years in Maine and North Dakota, with most jurisdictions falling at two or three years. :contentReference[oaicite:2]{index=2}

What Is a Statute of Limitations?

Quick Answer: A statute of limitations is a law establishing the period within which a lawsuit must generally be commenced. In personal injury cases, the period often begins when the injury or cause of action accrues, but the exact accrual rule depends on the claim and jurisdiction.

The purpose of a statute of limitations is to provide a defined period during which a person can bring a legal claim while protecting defendants from having to defend against extremely old claims.

Limitation periods also encourage parties to investigate disputes while evidence is still available.

For an injured person, however, the practical consequence is simple: a potentially valid claim can become difficult or impossible to pursue if the applicable deadline expires.

When Does the Personal Injury Statute of Limitations Start?

Quick Answer: In many ordinary personal injury cases, the limitations period begins when the injury occurs or when the cause of action accrues. The exact starting date depends on state law and the nature of the claim. Some jurisdictions recognize discovery rules or other doctrines that can affect when the clock begins.

For a straightforward car accident, the relevant date may be the date of the collision.

For other injuries, determining the accrual date can be more complicated.

Potential issues include:

• When the injury actually occurred.
• When the injury was discovered.
• When the claimant reasonably should have discovered the injury.
• Whether the defendant concealed relevant facts.
• Whether the claimant was a minor.
• Whether the claimant had a legally recognized disability.
• Whether a special statute applies.

What Is the Discovery Rule?

Quick Answer: The discovery rule can delay the beginning of a statute of limitations in certain circumstances until the injured person discovers, or reasonably should have discovered, the injury or its connection to the defendant's conduct. Its availability and scope vary significantly by state and claim.

The discovery rule is particularly important when an injury is not immediately apparent.

For example, a person may be exposed to a harmful substance or medical treatment and not immediately understand that an injury has occurred.

In some jurisdictions, the law may recognize that it would be unfair to begin the limitation period before the claimant could reasonably know about the injury.

However, the discovery rule is not a universal exception.

It should never be assumed that a deadline automatically starts on the date the claimant first learns about an injury.

What Happens If You Miss the Statute of Limitations?

Quick Answer: If a personal injury lawsuit is filed after the applicable statute of limitations has expired, the defendant may raise the statute as a defense and seek dismissal. Whether a claim is actually time-barred depends on the governing law and any applicable tolling, discovery, or other exceptions.

Missing the deadline can therefore be extremely serious.

Waiting to determine whether you have a claim can create unnecessary risk, particularly in states with one-year limitation periods.

If you believe your deadline may already have expired, do not automatically assume that the claim is impossible. Certain tolling provisions and special rules may apply.

Instead, obtain legal advice promptly.

Which States Have a One-Year Personal Injury Deadline?

Quick Answer: Kentucky and Tennessee generally have one-year statutes of limitations for ordinary personal injury claims. These are among the shortest general personal injury filing periods in the United States.

This short deadline makes prompt legal evaluation especially important.

For comparison, most states provide two or three years, while several states allow four, five, or six years.

Which States Have a Two-Year Personal Injury Deadline?

Quick Answer: Many states generally provide two years for ordinary personal injury claims. These include Alabama, Alaska, Arizona, California, Colorado for general claims, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana under its current general rule, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, and West Virginia.

Even within these states, special claims can have different deadlines.

For example, Colorado has a special three-year period for certain motor-vehicle accident claims, while Minnesota's ordinary personal-injury tort provision is two years. :contentReference[oaicite:3]{index=3}

Which States Have a Three-Year Personal Injury Deadline?

Quick Answer: Several states generally provide three years for personal injury claims, including Arkansas, the District of Columbia, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, and Wisconsin.

Three years may sound generous, but the clock can begin earlier than an injured person expects and special claims may be governed by different rules.

Washington, for example, generally provides three years for an action for injury to the person or rights of another under RCW 4.16.080. :contentReference[oaicite:4]{index=4}

Which States Have Longer Personal Injury Deadlines?

Quick Answer: Some states provide four, five, or six years for general personal injury claims. Nebraska and Utah generally provide four years, Missouri provides five years, and Maine and North Dakota generally provide six years.

A longer statute of limitations does not necessarily mean that an injured person should wait.

Evidence can disappear, witnesses can become unavailable, medical records can become more difficult to obtain, and insurance issues can become more complicated over time.

Does the Deadline Change for Car Accidents?

Quick Answer: A car accident claim may be subject to the state's general personal injury limitation period, but some states have special motor-vehicle rules. Colorado, for example, generally provides a three-year period for certain motor-vehicle injury claims even though its general personal injury period is two years.

Other issues can also arise in automobile cases, including:

• Property damage deadlines.
• Uninsured-motorist claims.
• Underinsured-motorist claims.
• Claims involving government vehicles.
• Claims involving commercial vehicles.
• Claims involving minors.

Therefore, a person involved in a car accident should not assume that the general personal injury deadline is the only relevant deadline.

Is the Statute of Limitations Different for Medical Malpractice?

Quick Answer: Yes. Medical malpractice claims frequently have different limitation periods, discovery rules, and statutes of repose than ordinary personal injury claims. Some states also impose special pre-suit requirements or expert-affidavit requirements.

A person injured through medical treatment should therefore not use the ordinary personal injury deadline as the deadline for a medical malpractice claim.

Medical malpractice claims can involve highly specialized rules concerning:

• Accrual.
• Discovery.
• Statutes of repose.
• Minor patients.
• Pre-suit notices.
• Medical expert requirements.

Is the Statute of Limitations Different for Wrongful Death?

Quick Answer: Often, yes. Wrongful death claims may have their own statutory deadlines, and the limitations period commonly runs from the date of death rather than the date of the underlying injury. The applicable rule depends on state law.

For example, a person might survive an accident for several months before dying from accident-related injuries.

The deadline for a wrongful death claim may therefore be calculated differently from a personal injury claim that the injured person could have brought while alive.

Wrongful death is a separate area of law and should be evaluated under the specific statute applicable in the relevant jurisdiction.

What If the Defendant Is a Government Entity?

Quick Answer: Claims against federal, state, county, or municipal entities can involve special notice requirements and shorter deadlines than ordinary personal injury claims. A person injured by a government employee, vehicle, agency, or facility should investigate government-claim requirements immediately.

This is one of the most important exceptions to a general statute-of-limitations chart.

A state may require a claimant to submit an administrative notice of claim within months of an injury before a lawsuit can proceed.

Federal claims can also involve special procedures under federal law, including the Federal Tort Claims Act for certain claims against the United States.

Do not assume that the ordinary state personal injury deadline applies to a government defendant.

What If the Injured Person Is a Minor?

Quick Answer: Many states have tolling or special limitation rules for minors, but the rules differ substantially. The period may be paused until a child reaches a particular age, or a special statute may impose a separate outside deadline.

Parents and guardians should therefore not assume that a child's personal injury claim automatically follows the same deadline as an adult's claim.

Minor-related rules can be particularly complicated in medical malpractice, sexual-abuse, and government-claim cases.

Can Mental Incapacity or Disability Toll the Deadline?

Quick Answer: Some states recognize tolling rules for legally recognized disabilities or incapacity, but the requirements vary. A claimant should not assume that a medical condition automatically pauses the statute of limitations.

Tolling provisions can depend on:

• The type of disability.
• When the disability existed.
• The wording of the state statute.
• Whether the person had a legal representative.
• The type of claim involved.

What Is Tolling?

Quick Answer: Tolling means that the running of a statute of limitations is paused or suspended under circumstances recognized by law. Tolling rules differ among states and may apply to situations involving minors, legal disabilities, concealment, absence from the jurisdiction, or other specified circumstances.

Tolling is important because the simple formula of "date of accident plus two years" may not always produce the correct legal deadline.

However, tolling is highly fact-specific.

Does Filing an Insurance Claim Stop the Statute of Limitations?

Quick Answer: Generally, an insurance claim, demand letter, or negotiations with an insurer should not automatically be assumed to stop the statute of limitations. Filing a lawsuit or taking another legally recognized step may be necessary to preserve a claim, depending on the jurisdiction and circumstances.

This is one of the most dangerous assumptions an injured person can make.

An insurance company may continue negotiating with a claimant while the statutory deadline approaches.

The fact that negotiations are ongoing does not necessarily mean that the lawsuit deadline has been extended.

Always determine the actual legal deadline independently.

Does Hiring a Personal Injury Lawyer Stop the Clock?

Quick Answer: Simply hiring an attorney generally does not itself stop or reset a statute of limitations. The attorney must determine the applicable deadline and take whatever legally required steps are necessary to preserve the claim.

This is another reason to contact an attorney well before the deadline rather than waiting until the final days.

Does Settlement Negotiation Extend the Deadline?

Quick Answer: Settlement negotiations do not automatically extend a statute of limitations. Whether an agreement, tolling arrangement, or other legal mechanism affects the deadline depends on the applicable law and facts.

If an insurer tells you that the claim is "still being reviewed," do not assume that the statutory deadline has been suspended.

Get the deadline confirmed and protect your rights accordingly.

What Is a Statute of Repose?

Quick Answer: A statute of repose is an absolute temporal limit that generally runs from a specified event rather than from the claimant's discovery of the injury. Unlike a statute of limitations, a statute of repose can extinguish a claim even before the injured person discovers the harm, subject to applicable exceptions.

Statutes of repose are especially relevant in areas such as:

• Product liability.
• Medical malpractice.
• Construction.
• Professional services.

A statute of repose can therefore create an additional deadline that is different from the ordinary statute of limitations.

Why You Should Not Rely Only on a 50-State Chart

Quick Answer: A 50-state chart provides a useful starting point but cannot determine the deadline for every personal injury claim. The applicable deadline can change depending on the type of injury, defendant, discovery rules, tolling, government-claim requirements, minors, statutes of repose, and other jurisdiction-specific rules.

For example, the general deadline for an ordinary negligence claim may not apply to:

• Medical malpractice.
• Wrongful death.
• Claims against government entities.
• Product liability.
• Sexual abuse claims.
• Professional negligence.
• Claims involving minors.
• Claims involving fraud or concealment.

What Should You Do If Your Deadline Is Approaching?

Quick Answer: If you believe your personal injury filing deadline is approaching, gather the accident and medical records, identify the date and location of the injury, determine the potentially responsible parties, preserve evidence, and promptly consult a qualified attorney in the relevant jurisdiction.

1. Identify the date of the accident or injury.
2. Identify the state or states potentially governing the claim.
3. Determine the type of legal claim involved.
4. Check whether the defendant is a government entity.
5. Gather medical records and bills.
6. Preserve photographs, videos, messages, and witness information.
7. Determine whether the injury was discovered later.
8. Identify any potential minor or disability tolling issues.
9. Determine whether a statute of repose applies.
10. Contact qualified legal counsel promptly.

Personal Injury Statute of Limitations Checklist

• What date did the injury occur?
• Where did the injury occur?
• What type of claim do you have?
• Who caused the injury?
• Is the defendant a private person, business, or government entity?
• Were you under 18 when the injury occurred?
• Was the injury immediately apparent?
• Could a discovery rule apply?
• Could a tolling rule apply?
• Does a statute of repose apply?
• Are there pre-suit notice requirements?
• Have you already filed anything in court?
• Have you only been negotiating with an insurance company?
• Have you received a written settlement offer?
• Have you consulted an attorney?

Frequently Asked Questions

How long do I have to file a personal injury lawsuit?

It depends on the state and type of claim. Most states generally provide two or three years for ordinary personal injury claims, but some states provide one, four, five, or six years. Special claims can have different deadlines.

What state has the shortest personal injury statute of limitations?

Kentucky and Tennessee generally have one-year limitation periods for ordinary personal injury claims, making them among the shortest in the United States.

What state has the longest personal injury statute of limitations?

Maine and North Dakota generally provide six years for ordinary personal injury claims. Some other states have longer periods for particular causes of action, so the general personal injury period should not be treated as a universal maximum.

Does the statute of limitations start on the accident date?

Often, but not always. Many ordinary personal injury claims accrue when the injury occurs, but discovery rules and other doctrines can change the calculation.

Does filing an insurance claim stop the statute of limitations?

Do not assume so. Insurance negotiations generally should not be treated as automatically extending a lawsuit deadline.

Can I file a personal injury claim after the deadline?

Possibly only if an applicable exception, tolling rule, discovery rule, or other legal doctrine changes the calculation. If you think the deadline has passed, obtain legal advice immediately rather than assuming the claim is barred.

Is the personal injury deadline the same in every state?

No. Each state establishes its own limitation rules, and different claims within the same state can have different deadlines.

Is the statute of limitations different for wrongful death?

Often. Wrongful death claims can have separate statutes and commonly calculate the deadline from the date of death rather than the original injury.

Is the statute of limitations different for medical malpractice?

Usually. Medical malpractice claims frequently have specialized limitation periods, discovery rules, statutes of repose, and procedural requirements.

What if I was injured by a government employee?

Special notice and filing requirements may apply. Government claims can have much shorter deadlines than ordinary personal injury claims.

Does hiring a lawyer extend the deadline?

No. Hiring an attorney does not itself extend the statute of limitations. The attorney must determine the applicable deadline and take the required legal steps to preserve the claim.

Does a settlement negotiation extend the statute of limitations?

Not automatically. Continuing negotiations with an insurance company should not be treated as an automatic extension of the filing deadline.

What happens if I miss the deadline?

A defendant may raise the statute of limitations as a defense and seek dismissal. The precise result depends on the applicable law and whether an exception applies.

Conclusion

The statute of limitations is one of the most important deadlines in a personal injury case.

There is no single nationwide rule. General personal injury limitation periods range from one year in some states to six years in others, with most jurisdictions providing two or three years.

However, the general number is only the starting point.

Medical malpractice, wrongful death, product liability, government claims, injuries involving minors, latent injuries, statutes of repose, discovery rules, and tolling provisions can all change the calculation.

The current 50-state reference used for this guide identifies Kentucky and Tennessee as the shortest general periods at one year, Maine and North Dakota as six-year jurisdictions, and most states as falling within the two- or three-year range. :contentReference[oaicite:5]{index=5}

State law can also change. For example, Florida reduced its general negligence limitations period from four years to two years effective March 24, 2023, while Louisiana changed its general personal-injury prescriptive period from one year to two years for injuries within the scope of the new rule beginning July 1, 2024. :contentReference[oaicite:6]{index=6}

For that reason, do not rely on an old article, an online calculator, an insurance adjuster, or a general 50-state chart as the final word on your deadline.

If you have suffered an injury, identify the applicable state, preserve your evidence, determine the type of claim, and obtain qualified legal advice as early as possible.

Legal Disclaimer

This article is provided for general educational and informational purposes only. It is not legal advice and does not create an attorney-client relationship. Personal injury statutes of limitations and related procedural rules vary by state and claim. The general deadlines listed in this article may not apply to medical malpractice, wrongful death, product liability, government claims, claims involving minors, or other specialized causes of action. Laws may change, and exceptions can affect the calculation of a deadline. Consult a qualified attorney licensed in the relevant jurisdiction for advice concerning your specific circumstances.