Personal Injury Statute of Limitations by State: Complete 2025 Guide

The statute of limitations is the legal deadline for filing a personal injury lawsuit. Miss this deadline and you lose your right to sue—forever. This comprehensive guide covers the statute of limitations in all 50 states, plus important exceptions you need to know.

What is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. For personal injury cases, the clock typically starts ticking on the date of the injury.

Why does it exist?

Evidence becomes less reliable over time
Witnesses' memories fade
Documents may be lost or destroyed
Defendants shouldn't face indefinite potential liability

Personal Injury Statute of Limitations by State

Here's a complete breakdown of the standard personal injury statute of limitations in each state:

2 Year States

Alabama
Alaska
Arizona
California
Connecticut
Delaware
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Louisiana
Nevada
New Jersey
Ohio
Oklahoma
Oregon
Pennsylvania
Texas
Virginia
West Virginia

3 Year States

Arkansas
Colorado
Maryland
Massachusetts
Michigan
Mississippi
Montana
New Hampshire
New Mexico
New York
North Carolina
Rhode Island
South Carolina
South Dakota
Vermont
Washington
Wisconsin
District of Columbia

4 Year States

Florida
Nebraska
Utah
Wyoming

5 Year States

Missouri

6 Year States

Maine
Minnesota
North Dakota

Special Cases

Kentucky: 1 year (shortest in the nation)
Tennessee: 1 year for most personal injury cases

Important Exceptions to the Standard Deadline

Discovery Rule

In some cases, the statute of limitations doesn't start until you discover (or reasonably should have discovered) your injury. This commonly applies to:

Medical malpractice (where errors aren't immediately apparent)
Toxic exposure (where illness develops over time)
Product defects (where problems emerge later)

Example: If you develop cancer from workplace chemical exposure, the clock may not start until diagnosis, not the date of exposure.

Tolling for Minors

Every state has special rules for injured children. Typically:

The statute of limitations is "tolled" (paused) until the child reaches 18
The child then has the standard period (2-6 years) from their 18th birthday
Parents may still file on behalf of children before they turn 18

Example: A child injured in Texas at age 10 would have until age 20 to file (18 + 2 years).

Mental Incapacity

If the injured person is mentally incapacitated, the statute may be tolled until:

They regain capacity, or
A guardian is appointed to act on their behalf

Defendant Leaves the State

Many states toll the statute of limitations while the defendant is:

Out of state
Hiding to avoid service
Otherwise not subject to jurisdiction

Government Claims

Claims against government entities have much shorter deadlines:

Federal government: Often 2 years to file a claim, then 6 months to sue after denial
State/local government: Varies widely—often 6 months to 1 year for notice of claim

Critical: If a government vehicle or employee caused your injury, seek legal advice immediately.

Medical Malpractice

Medical malpractice often has different (usually shorter) deadlines than general personal injury:

Many states have 2-year limits regardless of the general PI statute
"Statute of repose" may set an absolute outer limit
Discovery rules vary by state

What Happens If You Miss the Deadline?

If you file after the statute of limitations expires:

The defendant will file a motion to dismiss
The court will almost certainly grant it
Your case is dismissed "with prejudice" (you can't refile)
You lose all right to compensation

There are virtually no exceptions once the deadline passes. Courts are extremely strict about this rule.

Why You Shouldn't Wait

Even though you may have years to file, waiting is a bad strategy:

Evidence Deteriorates

Witnesses forget details or move away
Physical evidence is lost or destroyed
Surveillance footage is overwritten
Vehicles are repaired or scrapped

Documentation Gaps

Medical records may be harder to obtain
Employment records may be unavailable
Insurance companies become more skeptical

Strategic Disadvantages

Less leverage in negotiations
Insurance companies question why you waited
Juries may wonder why you didn't act sooner

Practical Concerns

Defendants may die, move, or become judgment-proof
Insurance companies may become insolvent
Your medical bills are accumulating interest

Deadlines for Insurance Claims vs. Lawsuits

Important distinction: Insurance claim deadlines are different from lawsuit deadlines.

Insurance Claims

Your own insurance policy sets the deadline (read your policy)
Typically 1-2 years, but can be shorter
Failure to comply may void your coverage

Lawsuits

Governed by state statute of limitations
Applies to filing suit against the at-fault party
Your right to sue is separate from insurance claims

Preserving Your Rights

To protect your claim:

Document immediately: Photos, witness info, police reports
Seek medical attention: Create a record linking injuries to the accident
Consult an attorney early: Many mistakes can't be undone
Know your state's deadline: Calendar it and set reminders
Don't rely on exceptions: Assume the standard deadline applies

Calculate Your Potential Settlement

Before your deadline passes, use our settlement calculator to understand your case's potential value. Even if you're unsure about filing a lawsuit, knowing your case value helps you make informed decisions about whether to pursue your claim.

Conclusion

The statute of limitations is an absolute deadline that cannot be extended simply because you didn't know about it. While your state may give you 2, 3, or even 6 years to file, the sooner you act, the stronger your case will be.

If you've been injured, don't wait until the last minute. Consult with a personal injury attorney while evidence is fresh and your deadline is comfortably in the future.