Personal Injury Statute of Limitations: All 50 States

After an injury, the clock starts immediately. Here's exactly how long you have to file in your state — and what can change that deadline.

Key Facts: Personal injury deadlines across the US range from 1 year (Kentucky, Tennessee) to 6 years (Maine, North Dakota). Most states allow 2–3 years. The clock typically starts on the date of the accident or injury. Missing the deadline means your case is permanently dismissed.

What Counts as a "Personal Injury" Case?

The personal injury statute of limitations covers civil claims where someone's negligence or intentional wrongdoing physically harmed you. Common case types include:

Negligence-Based Claims

  • Car, truck, and motorcycle accidents
  • Slip and fall / trip and fall accidents
  • Dog bites and animal attacks
  • Premises liability (unsafe property conditions)
  • Workplace accidents (outside workers' comp)
  • Defective product injuries
  • Nursing home neglect

Intentional Tort Claims

  • Assault and battery
  • False imprisonment
  • Intentional infliction of emotional distress
  • Sexual assault (civil claim)
  • Workplace harassment with physical harm

Note: Medical malpractice, wrongful death, and defamation have their own separate statutes of limitations — often different from the general personal injury period. Check those guides for case-specific rules.

Personal Injury Deadlines — All 50 States + D.C.

StateDeadlineKey Notes
Alabama2 yearsStrict — very few tolling exceptions
Alaska2 yearsDiscovery rule applies to latent injuries
Arizona2 years180-day notice for government claims
Arkansas3 yearsGeneral negligence standard applies
California2 years6-month notice for government claims; discovery rule available
Colorado2 years182-day notice for government; separate auto accident rules
Connecticut2 yearsFrom date of injury or discovery
Delaware2 yearsStandard accrual from date of injury
Florida2 yearsChanged from 4 years in 2023; check your incident date
Georgia2 yearsAnte litem notice for government within 12 months
Hawaii2 yearsStandard; discovery rule for latent harm
Idaho2 yearsStandard accrual rules
Illinois2 yearsStandard; various tolling rules available
Indiana2 years180-day notice for government
Iowa2 yearsStandard negligence rules
Kansas2 yearsFrom date of injury; discovery rule for latent harm
Kentucky1 yearOne of the shortest in the nation — act quickly
Louisiana1 yearCalled "prescription" not limitations; very strict
Maine6 yearsOne of the longest — but don't delay
Maryland3 years180-day notice for government
Massachusetts3 yearsFrom date of injury; discovery rule available
Michigan3 yearsStandard; 60-day notice for government
Minnesota2 yearsStandard discovery rule applies
Mississippi3 yearsGeneral negligence; shorter for intentional torts
Missouri5 yearsLonger deadline for general personal injury
Montana3 yearsStandard; discovery rule for latent harm
Nebraska4 yearsGeneral statute; shorter for specific torts
Nevada2 yearsStandard accrual from date of injury
New Hampshire3 yearsStandard; discovery rule available
New Jersey2 years90-day notice for government
New Mexico3 years90-day notice for government
New York3 years90-day notice for government; strict application
North Carolina3 yearsStandard; discovery rule rarely extends start date
North Dakota6 yearsOne of the longest in the nation
Ohio2 yearsStandard; 180-day notice for government
Oklahoma2 yearsStandard; discovery rule applies
Oregon2 years180-day notice for government
Pennsylvania2 years6-month notice for some government claims
Rhode Island3 yearsStandard negligence period
South Carolina3 yearsStandard; discovery rule available
South Dakota3 yearsStandard accrual rules
Tennessee1 yearOne of shortest — act immediately after injury
Texas2 years6-month notice for government
Utah4 yearsGeneral injury; shorter for intentional torts
Vermont3 yearsStandard; discovery rule applies
Virginia2 yearsStandard; 6-month notice for government
Washington3 yearsStandard; discovery rule available
West Virginia2 yearsStandard accrual
Wisconsin3 years120-day notice for government
Wyoming4 yearsGeneral negligence; longer than most states
Washington D.C.3 yearsStandard; government notice required

When Does the Clock Start?

For most personal injury cases, the clock starts on the date of the accident or injury. This is straightforward for:

  • Car accidents — date of the crash
  • Slip and falls — date of the fall
  • Dog bites — date of the bite
  • Physical assaults — date of the assault

For injuries where harm isn't immediately apparent, many states apply the discovery rule — the clock starts when you knew or should have known you were harmed and who may be responsible. See our Discovery Rule guide for details.

Florida's 2023 Change: A Critical Note

Florida reduced its personal injury statute of limitations from 4 years to 2 years, effective March 24, 2023. If your injury occurred before that date, the old 4-year rule may apply. If it occurred on or after that date, the 2-year rule applies. This transition has significant implications for cases that were just inside the old deadline but outside the new one — Florida courts are still working through these issues.

Government Defendants: Notice Requirements

If any part of your personal injury was caused by a government entity (city bus, city-maintained road, government employee), you must typically file a formal Notice of Claim within 60–180 days — before even worrying about the statute of limitations. See our Government Claims guide for full details.

Common Mistakes That Kill Personal Injury Cases

Deadline Mistakes

  • Confusing the date of the accident with the date of diagnosis for latent injuries
  • Waiting for insurance to resolve before consulting a lawyer
  • Assuming settlement negotiations pause the deadline
  • Not accounting for government notice requirements
  • Filing in the wrong state and missing the correct state's deadline

Evidence Mistakes

  • Not preserving accident scene photos and witness contact info
  • Delaying medical treatment (hurts both health and the legal case)
  • Posting about the accident on social media
  • Giving recorded statements to the other party's insurance without an attorney
  • Settling too early before the full extent of injuries is known

What Happens After You File on Time

Filing the complaint starts the legal process but doesn't guarantee a quick resolution. Personal injury cases typically proceed through:

  1. Filing the complaint — formally initiates the lawsuit and stops the clock
  2. Service of process — the defendant is formally served and must respond
  3. Discovery — both sides exchange evidence, take depositions, gather records
  4. Mediation / settlement negotiations — most cases settle without trial
  5. Trial — if no settlement is reached, the case goes before a judge or jury

The vast majority of personal injury cases (approximately 95–96%) settle before trial. Filing within the statute of limitations is the necessary first step to reaching that settlement.

Calculate Your Personal Injury Deadline

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⚠️ Legal Disclaimer: Statutes of limitations change through legislation and court decisions. Always verify the current deadline with a licensed attorney in your state before making any legal decisions.