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Legal Deadlines

Statute of Limitations for Personal Injury Claims: All 50 States (2026)

May 2026 ️ Injury Claim Team Legal Editors ️ 8 min read ️ Attorney Reviewed
The statute of limitations is arguably the single most important concept in personal injury law. Miss the filing deadline, and you permanently lose your right to sue — no matter how strong your case is. This guide covers the deadline for every state.

What Is the Statute of Limitations?

The statute of limitations is the legally-mandated deadline within which you must file a personal injury lawsuit. The clock typically starts running on the date of the accident or the date you discovered (or reasonably should have discovered) your injury.

Why This Deadline Matters So Much

If you miss the statute of limitations, the defendant's attorney will file a motion to dismiss your case, and the court will grant it — no exceptions. You won't be able to argue that you didn't know about the deadline, that you were dealing with medical treatment, or that your injuries were severe. The deadline is absolute.

Statute of Limitations by State (Personal Injury)

StateTime LimitNotes
Alabama2 yearsContributory negligence state
Alaska2 years
Arizona2 years
Arkansas3 years
California2 years6 months for claims vs. government
Colorado3 years
Connecticut2 years
Delaware2 years
Florida2 yearsChanged from 4 years in 2023
Georgia2 years
Hawaii2 years
Idaho2 years
Illinois2 years
Indiana2 years
Iowa2 years
Kansas2 years
Kentucky1 yearVery short — act immediately
Louisiana1 yearVery short — act immediately
Maine6 yearsLongest in the U.S.
Maryland3 yearsContributory negligence state
Massachusetts3 years
Michigan3 yearsNo-fault auto state
Minnesota2 years
Mississippi3 years
Missouri5 yearsVery generous
Montana3 years
Nebraska4 years
Nevada2 years
New Hampshire3 years
New Jersey2 years
New Mexico3 years
New York3 years2.5 years for medical malpractice
North Carolina3 yearsContributory negligence state
North Dakota6 yearsLongest alongside Maine
Ohio2 years
Oklahoma2 years
Oregon2 years
Pennsylvania2 years
Rhode Island3 years
South Carolina3 years
South Dakota3 years
Tennessee1 yearVery short — act immediately
Texas2 years
Utah4 years
Vermont3 years
Virginia2 yearsContributory negligence state
Washington3 years
West Virginia2 years
Wisconsin3 years
Wyoming4 years

Important Exceptions to the Statute of Limitations

The Discovery Rule

In some cases, injuries are not immediately apparent. The "discovery rule" may toll (pause) the statute of limitations until the date you discovered — or reasonably should have discovered — your injury and its cause. This is particularly relevant in medical malpractice and toxic exposure cases.

Claims Against Government Entities

If your injury was caused by a government employee or on government property, special rules apply. You must typically file a Notice of Claim within 90 to 180 days — before you can even file a lawsuit. Missing this shorter deadline is devastating to your case.

Minors and Disabled Persons

Most states toll the statute of limitations for minors until they turn 18. Similar protections may apply to individuals who are mentally incapacitated. However, the rules vary significantly by state.

The Bottom Line: Don't Wait

Even if you're in a state with a generous statute of limitations, waiting is never wise. Evidence disappears, witnesses forget details, and surveillance footage gets deleted. Contact a personal injury attorney as soon as possible after your injury to protect your rights.

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