When pursuing legal recourse after a personal injury, time is of the essence. Personal injury cases in every state in the US are governed by statutes of limitations, which are legal provisions that set strict deadlines for filing claims after an injury occurs.
As defined by Cornell Law School, a statute of limitations is a “law that bars claims after a certain period of time passes after an injury”. These statutes ensure that legal disputes are resolved in a timely manner, and prevent cases from litigation long after witnesses’ memories have faded or evidence has deteriorated.
Navigating statute of limitations can be a daunting task. Each state establishes its own statutes, which vary by duration and complexity. For individuals considering filing a personal injury claim, understanding the statute of limitations specific to their state is essential. Failing to adhere to the strict deadlines can result in being barred from seeking compensation. For these reasons, it is best to work with an experienced personal injury attorney who has a deep understanding of the laws in your area to ensure you don’t miss the deadline to file in your state.
Key Findings
- Statutory Periods Vary From State to State: Some states have a relatively short limitations period, as short as one year, while others can be as long as five or six years. However, most states’ limitations are typically between two to three years.
- Some States Have Separate Statutes for Different Types of Personal Injuries: twenty-two states have separate statutes for motor vehicle accidents and/or medical malpractice claims.
Having a solid understanding of the statute of limitations from the state in which you are filing is essential when seeking justice. Due to the nuanced nature of statutes of limitations and how the timeframe allotted may vary depending on the type of personal injury suffered, it is important to take timely action and work with an experienced attorney who has a solid understanding of the law.
Each state sets its time limit on the statute of limitations, however, many states have similar statutes. The majority of states in the US have a two- or three-year statute of limitations for personal injury claims. However, some states extend the timeframe up to five years or more.
Table: Personal Injury Statue of Limitations in Every U.S. State
| State | Timeframe | Statute |
|---|---|---|
| Alabama | 2 Years | Ala. Stat. § 6-2-38 |
| Alaska | 2 Years | Stat. § 09.10.070(a) |
| Arizona | 2 Years | A.R.S. § 12-542 |
| Arkansas | 3 Years | A.C.A. § 16-116- 103 |
| California | 2 Years | Cal. Civ. Proc. Code § 335.1 |
| Colorado | 2 Years | C.R.S. § 13-80-102 |
| Connecticut | 2 Years | C.G.S.A. § 52-584 |
| Deleware | 2 Years (3 Years if not discoverable in 2 Years) | 10 Del. C. § 8119 |
| District of Columbia | 3 Years | D.C. Code § 12-301 |
| Florida | 2 Years* (For causes of action accruing after March 24, 2023 (HB 837)) | F.S.A. § 95.11(4)(a) |
| Georgia | 2 Years | O.C.G.A. § 9-3-33 |
| Hawaii | 2 Years | Haw. Rev. Stat. § 657-7 |
| Idaho | 2 Years | Idaho Code § 5- 219(4) |
| Illinois | 2 Years | 735 I.L.C.S. § 5/13- 202 |
| Indiana | 2 Years | I.C. § 34-11-2-4 |
| Iowa | 2 Years | I.C.A. § 614.1(2) |
| Kansas | 2 Years | K.S.A. § 60-513 |
| Kentucky | 1 Year | K.R.S. § 413.140(1)(a) |
| Lousiana | 1 Year | L.S.A.-C.C. Art § 3492 |
| Maine | 6 Years (Unless Exception Applies). | 14 M.R.S.A. § 752 |
| Maryland | 3 Years | Md. Cts. & Jud. Proc. Code § 5-101 |
| Massachusetts | 3 Years | Mass. Ann. Laws Ch. 260 §§ 2A and 4 |
| Michigan | 3 Years | M.C.L.A. § 600.5805(10) |
| Minnesota | 2 Years | M.S.A. § 541.07 |
| Mississippi | 3 Years | M.C.A. § 15-1-49 |
| Missouri | 5 Years | Mo. Rev. Stat. § 516.120(4) |
| Montana | 3 Years | Mont. Stat. § 27-2- 204 |
| Nebraska | 4 Years | Neb. Rev. Stat. § 25-207 |
| Nevada | 2 Years | N.R.S. § 11.190 |
| New Hampshire | 3 Years | N.H. Rev. Stat. Ann. § 508:4(I) |
| New Jersey | 2 Years | N.J.S.A. § 2A:14-2 |
| New Mexico | 3 Years | N.M.S.A. § 37-1-8 |
| New York | 3 Years | N.Y. C.P.L.R. § 214 |
| North Carolina | 3 Years | N.C.G.S.A. § 1- 52(1)-(5) |
| North Dakota | 6 Years | N.D.C.C. § 28-01- 16(5) |
| Ohio | 2 Years | O.R.C.A. § 2305.10(A) |
| Oklahoma | 2 Years | Okla. Stat. Ann. Tit. 12, § 95 |
| Oregon | 2 Years | O.R.S. § 12.110(1) |
| Pennsylvania | 2 Years | 42 P.S. § 5524 |
| Rhode Island | 3 Years | R.I.G.L. § 9-1-14 (b) |
| South Carolina | 3 Years | S.C. Code Ann. §§ 15-3-530, 15-3- 535, 15-3-545 |
| South Dakota | 3 Years | S.D.C.L. § 15-2- 14(3) |
| Tennessee | 1 Year | T.C.A. § 28-3-104 |
| Texas | 2 Years | Tex. Civ. Prac. & Rem. Code Ann. § 16.003 |
| Utah | 4 Years | U.C.A. § 78B-2- 307(3) |
| Vermont | 3 Years | Vt. Stat. Ann. Tit. 12, § 512(4) |
| Virginia | 2 Years | Va. St. § 8.01- 243(A) |
| Washington | Intentional Acts: 2 Years | R.C.W.A. § 4.16.100 |
| West Virginia | 2 Years | W. Va. Code § 55- 2-12 |
| Wisconsin | Non-Auto Bodily Injury: 3 Years (auto and non-auto) | Wis. Stat. § 893.54(1m) |
| Wyoming | Personal Injury: 4 Years | Wyo. Stat. § 1-3- 105(a)(iv)(C) |
What Limit is Most Common?
A two-year filing window is most common in the United States. Overall 26 states have a two-year deadline to file personal injury cases (with some exceptions).
Below we have grouped the states by similar statute of limitation periods.
States with One-Year Personal Injury Statute of Limitations
Three states have a one-year statute of limitations for personal injury claims and include:
- Kentucky
- Lousiana
- Tennessee
States with Two-Year Limits
26 states that have a two-year statute of limitations for personal injury claims and include:
- Alabama
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Deleware (unless the injury is not discoverable in two years, then claimants have three years)
- Florida (For causes of action accruing after March 24, 2023)
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Minnesota
- Nevada
- New Jersey
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Texas
- Virginia
- Washington
- West Virginia
States with Three Years Time Limits
16 states that have a three-year statute of limitations for personal injury claims and include:
- Arkansas
- District of Columbia
- Maryland
- Massachusettes
- Michigan
- Mississippi
- Montana
- New Hampshire
- New Mexico
- New York
- North Carolina
- Rhode Island
- South Carolina
- South Dakota
- Vermont
- Wisconsin
(* Deleware could be counted here if the injury was not discoverable in two years)
States With Longer Statute of Limitations in Personal Injury Cases
Six states have deadlines that are longer than three years – sitting at four, five, and six years.
Three states have a four-year statute of limitations for personal injury claims and are:
- Nebraska
- Utah
- Wyoming
One state has a five-year statute of limitations for personal injury claims:
- Missouri
While two states have a six-year statute of limitations for personal injury claims:
- Maine
- North Dakota
States with Exceptions to Statute of Limitations
It is important to note that some states have distinct Statutes of Limitations (SOL) for specific types of personal injury cases such as medical malpractice and motor vehicle accidents. These variations exhibit the complexity and nuances of navigating statutes of limitations and underscore the importance of working with an experienced attorney should you decide to pursue a claim.
States with SOL exceptions for Medical Malpractice claims:
There are eighteen states with separate statutes of limitations for medical malpractice cases. Due to the complex nature of these types of claims, these states have implemented specific timelines.
Eleven states with a two-year SOL for medical malpractice cases:
- Arkansas
- Florida
- Mississippi
- Missouri
- New York
- North Dakota
- South Dakota
- Utah
- Nebraska – two years from injury date OR one year from date injury was discovered
- Michigan – two years OR six months M.C.L.A. §§ 600.5805(6), 600.5838
- Wyoming – two years, unless discovery is made in the second year, then extended by six months
Three states with a three-year SOL for medical malpractice cases:
- Maine
- Vermont – the later of three years from the incident or two years from the discovery of the injury
- Washington – the later of three years from the date of the act or one year from the discovery of the injury
Four states with a different SOL for medical malpractice cases:
- Ohio – one year
- Minnesota – four years
- Maryland – the earlier of five years after the injury date or three years after the injury is discovered
- Illinois – statutes may vary as defined in 735 I.L.C.S. § 5/13-212
States with SOL exceptions for auto/vehicle-involved claims:
Five states have a separate statute of limitations specific to motor vehicle accident cases.
- Michigan – one year
- Kentucky – two years
- Wisconsin – two years
- Hawaii – (1) Two years after the last insurance payment or (2) Two years after the date of the last workers’ compensation benefit payment
- Colorado – three years
Overall, understanding the statutes of limitations for different personal injury cases in your state is crucial to protect your rights and obtain justice. To successfully navigate these complexities you may want to consider the following:
- Consult with an experienced personal injury attorney who has a deep understanding of the laws in your state
- Take prompt legal action after your injury to ensure you file within the allotted timeframe
- Keep detailed records and document all relevant information to your case
By being proactive and taking these steps, you will have a better chance of winning the compensation you deserve after suffering a personal injury.
