Statute of Limitations by State: Personal Injury Filing Deadlines

The statute of limitations is the legal deadline for filing a personal injury lawsuit. Missing this deadline means losing your right to compensation permanently, regardless of how strong your case is. Every state has its own deadline, and knowing yours is essential.

State-by-State Filing Deadlines

One-year states include Kentucky, Louisiana, and Tennessee. These states have the shortest filing deadlines, giving you only one year from the date of the accident to file a lawsuit.

Two-year states include the majority of states: Alabama, Alaska, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

Three-year states include Arkansas, Colorado, Maryland, Massachusetts, New Mexico, New York, and Wyoming. The District of Columbia also has a three-year deadline.

Four-year or longer states include Florida with four years and Maine with six years for some claims.

Important Exceptions

The discovery rule tolls the statute of limitations until the injured person knew or should have known about the injury. This is particularly relevant in medical malpractice and toxic exposure cases. Minors typically have the statute tolled until they reach age 18. Government claims have much shorter deadlines, often 30 to 180 days for filing a notice of claim. The defendant leaving the state may toll the statute during their absence.

Why You Should Not Wait

Even though you may have one to four years to file, waiting is risky. Evidence deteriorates over time. Witnesses forget details and move away. Medical records become harder to obtain. Financial pressure increases. The insurance company may use the delay against you.

Medical Malpractice Deadlines

Many states have separate statutes of limitations for medical malpractice claims that may be shorter or longer than the general personal injury deadline. Some states also have statutes of repose that set an absolute deadline regardless of when the injury was discovered.

Workers Compensation Deadlines

Workers compensation claims have their own filing deadlines separate from the personal injury statute of limitations. Most states require reporting the injury to your employer within 30 to 90 days and filing a workers compensation claim within one to two years.

Conclusion

Knowing your state's statute of limitations is critical to protecting your right to compensation. Do not wait until the last minute to file. Begin the claims process as soon as possible after your accident.

Use our free settlement calculator to estimate what your case might be worth, and take action today.