Statute of Limitations by State

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    How Long You Have to File an Injury Lawsuit, State by State

    Every state puts a deadline on injury lawsuits, and the range is wider than most people guess.

    Tennessee and Kentucky give you one year. Maine, Minnesota, and North Dakota give you six.

    Two states rewrote their deadlines mid-decade, so the same crash can sit under different clocks depending on when it happened.

    personal injury statute of limitations laws by state

    And in nine jurisdictions, the wrongful death deadline is shorter than the injury deadline it sits next to.

    The table below carries every state's general injury deadline, the statute behind it, and the wrongful death number where it differs.

    Last verified: August 14, 2026. Legislatures amend these rules; treat any chart, this one included, as the starting point and get a current answer for your own case.

    Call (888) 713-6653 for a free case review before your state's clock decides for you.


    At-a-Glance: Injury Filing Deadlines Nationwide

    • One year in Tennessee and Kentucky; six years in Maine, Minnesota, and North Dakota; most states sit at two or three
    • Florida (2023) and Louisiana (2024) shortened or restructured their deadlines, with the old rules still governing older injuries
    • Nine jurisdictions give a family LESS time for a wrongful death claim than for an injury claim
    • Government defendants carry separate notice deadlines measured in days, not years
    • Free consultations 24/7, and you pay nothing unless we win
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    The 50-State Table: Deadline, Statute, and the Wrongful Death Number

    Years run from the injury unless the row says otherwise. "Same" in the wrongful death column means the death claim carries the same number of years, generally running from the date of death.


    State Injury Deadline Statute Wrongful Death Watch Out For
    Alabama2 yearsAla. Code § 6-2-38(l)Same (§ 6-5-410)Alabama wrongful death damages are punitive only
    Alaska2 yearsAS 09.10.070SameDiscovery rule comes from case law
    Arizona2 yearsA.R.S. § 12-542SameGovernment claims: 180-day notice, 1-year suit
    Arkansas3 yearsArk. Code § 16-56-1053 years (§ 16-62-102)Medical malpractice drops to 2 years
    California2 yearsCCP § 335.1SameGovernment claims need a 6-month filing
    Colorado2 yearsC.R.S. § 13-80-102SameMotor vehicle claims get 3 years
    Connecticut2 yearsC.G.S. § 52-5842 years from death (§ 52-555)Runs from discovery, capped by a 3-year repose from the act
    Delaware2 years10 Del. C. § 8119SameStrictly applied, little tolling
    District of Columbia3 yearsD.C. Code § 12-301(8)2 years (§ 16-2702)Death claims run a year shorter than injury claims
    Florida2 yearsFla. Stat. § 95.112 years from death2 years only for negligence accruing after 3/24/2023; older claims keep 4
    Georgia2 yearsO.C.G.A. § 9-3-33SameTolled during criminal prosecution of the same conduct (§ 9-3-99)
    Hawaii2 yearsHRS § 657-7SameDiscovery-based accrual
    Idaho2 yearsIdaho Code § 5-219(4)SameAccrues at injury; no general discovery rule
    Illinois2 years735 ILCS 5/13-202SameMinors get 2 years after turning 18
    Indiana2 yearsInd. Code § 34-11-2-4SameGovernment notice: 180 days local, 270 state
    Iowa2 yearsIowa Code § 614.1(2)SameMedical malpractice carries a 6-year repose
    Kansas2 yearsK.S.A. § 60-513(a)(4)Same10-year repose caps discovery accrual
    Kentucky1 yearKRS § 413.140(1)(a)1 year, from estate appointmentMotor vehicle claims get 2 years (KRS 304.39-230)
    Louisiana2 years (injuries on or after 7/1/2024); 1 year beforeC.C. art. 3493.1; art. 34921 year from death or 2 years from injury, whichever is longer (art. 2315.2)The injury date decides which regime applies
    Maine6 years14 M.R.S. § 7523 years from deathLongest in the nation; medical malpractice only 3
    Maryland3 yearsCJP § 5-101SameLocal-government notice within 1 year
    Massachusetts3 yearsM.G.L. c. 260, § 2ASamePublic-employer presentment within 2 years
    Michigan3 yearsMCL § 600.5805(2)SameNo-fault PIP benefits: separate one-year-back rule
    Minnesota6 yearsMinn. Stat. § 541.053 years from deathMany charts wrongly list Minnesota at 2
    Mississippi3 yearsMiss. Code § 15-1-49SameMedical malpractice 2 years
    Missouri5 yearsMo. Rev. Stat. § 516.120(4)3 years (§ 537.100)Medical malpractice far shorter at 2 years
    Montana3 yearsMCA § 27-2-204(1)SameMedical malpractice 2 years
    Nebraska4 yearsNeb. Rev. Stat. § 25-207(3)2 years (§ 30-810)The death window is half the injury window
    Nevada2 yearsNRS 11.190(4)(e)SameMedical malpractice runs on its own periods
    New Hampshire3 yearsRSA 508:4SameDiscovery rule written into the statute
    New Jersey2 yearsN.J.S.A. § 2A:14-2SameTort Claims Act: 90-day notice
    New Mexico3 yearsN.M.S.A. § 37-1-83 years (§ 41-2-2)Government suits: 2 years under the Tort Claims Act
    New York3 yearsCPLR 2142 years (EPTL 5-4.1)Medical malpractice 2.5 years; municipal notice in 90 days
    North Carolina3 yearsN.C.G.S. § 1-522 years (§ 1-53(4))10-year repose; the death window is shorter
    North Dakota6 yearsN.D.C.C. § 28-01-16(5)2 years (§ 28-01-18(4))Six years for injury, two for death
    Ohio2 yearsR.C. § 2305.10(A)Same (§ 2125.02)Discovery accrual for latent injuries
    Oklahoma2 years12 O.S. § 95(A)(3)Same (§ 1053)Government claims: 1-year notice
    Oregon2 yearsORS § 12.110(1)3 years from death (ORS 30.020)180-day notice for public bodies
    Pennsylvania2 years42 Pa.C.S. § 5524(2)SameGovernment notice: 6 months
    Rhode Island3 yearsR.I.G.L. § 9-1-14(b)Same (§ 10-7-2)Discovery rule for latent injuries
    South Carolina3 yearsS.C. Code § 15-3-530SameTort Claims Act suits: 2 years unless a verified claim is filed
    South Dakota3 yearsSDCL § 15-2-14(3)3 years (§ 21-5-3)Medical malpractice 2 years
    Tennessee1 yearT.C.A. § 28-3-104SameExtends to 2 years when the injury arises from criminal conduct
    Texas2 yearsCPRC § 16.0032 years from deathMinority tolling; little discovery-rule help in crash cases
    Utah4 yearsUtah Code § 78B-2-3072 years (§ 78B-2-304)The injury window is double the death window
    Vermont3 years12 V.S.A. § 512(4)2 years from deathThe death window runs a year shorter
    Virginia2 yearsVa. Code § 8.01-243(A)2 years from death (§ 8.01-244)Accrues at injury; almost no discovery rule
    Washington3 yearsRCW § 4.16.080(2)Same (RCW 4.20.010)Government claims: file first, then a 60-day hold
    West Virginia2 yearsW. Va. Code § 55-2-12(b)Same (§ 55-7-6)Multi-step discovery analysis under Dunn v. Rockwell
    Wisconsin3 yearsWis. Stat. § 893.543 years; motor vehicle deaths 2 years (§ 893.54(2m))The two-year motor vehicle death trap
    Wyoming4 yearsWyo. Stat. § 1-3-105(a)(iv)(C)2 years (§ 1-38-102(d))Government claims: 2-year notice

    One Year in Tennessee, Six in Maine: Why the Range Is So Wide

    Tennessee's one-year limit is the shortest general injury deadline in the country, and it has one merciful wrinkle: when the injury arises from criminal conduct, the window extends to two years.[1] Kentucky also runs one year for most injury claims, though its motor vehicle cases generally get two under the no-fault statute.

    At the other end, Maine allows six years, the longest in the nation.[2] Minnesota and North Dakota sit at six as well, and Minnesota deserves a special note: its two-year statute covers intentional torts, not negligence, and popular charts conflate the two.[3] Someone who reads a bad chart and assumes two years in Minnesota gives up four years they actually had; someone who assumes a "standard" two years in Tennessee has already lost the case.

    Florida and Louisiana Split Their Clocks Mid-Decade

    Florida cut its negligence deadline from four years to two in 2023, and the trigger is the accrual date: causes of action accruing after March 24, 2023 get two years, while older claims keep four.[4] Louisiana went the other direction in 2024, extending its one-year prescription to two years, but only for injuries sustained on or after July 1, 2024.[5]

    Both changes mean two people hurt on the same road, months apart, live under different deadlines. Louisiana's wrongful death rule adds its own wrinkle: the claim prescribes one year from the death or two years from the underlying injury, whichever is longer. In a transition year, the safest assumption is that the shorter deadline applies until a lawyer confirms otherwise.

    Nine Places Where the Death Claim Expires Before the Injury Claim Would

    North Dakota gives an injured person six years and a grieving family two. Nebraska, Utah, and Wyoming cut their four-year injury windows in half for death claims. Vermont, the District of Columbia, New York, and North Carolina each trim a year off. Wisconsin runs three years for most wrongful deaths but two when the death came from a motor vehicle crash.[6]

    The pattern is a trap because families researching after a death find the state's general injury deadline first, and it overstates their time. A family that lost someone deserves the real number, which is why the wrongful death column in the table above is never blank.

    What the Table Cannot Tell You: Tolling, Discovery, and Notice Rules

    A fifty-state table states the general rule, and general rules have exceptions running in both directions. Deadlines can pause for minors and for incapacity. Discovery rules can delay the start of the clock for injuries nobody could have found earlier, and statutes of repose can cut off claims regardless of discovery. Medical malpractice runs on separate, usually shorter periods in most states. What happens when the deadline passes, and the narrow exceptions that survive it, are covered on our page about missing the statute of limitations.

    The deadline that catches the most people is not on this table at all: the notice-of-claim rules that apply when the defendant is a government, some as short as 90 days. Those are mapped on our page about suing the government by state, and the rest of the state-law variables live in our index of personal injury laws by state.

    The statute of limitations deadline is not something you want to guess. You need to know the clock with confidence. A Texan hurt in Tennessee has a Tennessee problem on a Tennessee clock. Some claims involve discovery rules, tolling, or different accrual rules. You need to get it right, because there are no second chances.


    The Deep State Pages Behind Eight of These Rows

    For the states where this site goes deepest, the deadline gets a full page: the exceptions, the tolling rules, and the traps specific to that state's courts.



    Statute of Limitations by State FAQ

    Q:    Which state has the shortest statute of limitations for personal injury?

    A:    Tennessee, at one year for most injury claims, with Kentucky close behind at one year for non-vehicle claims. Louisiana was in that group until July 2024, when injuries from that date forward got two years. At the long end, Maine, Minnesota, and North Dakota allow six. Most states sit at two or three years, which is why people who move between states so often assume the wrong number.

    Q:    What happens if I file after the deadline?

    A:    The defendant raises the statute of limitations, and the case is dismissed regardless of how strong it was. The exceptions are narrow: tolling for minors or incapacity, discovery rules for injuries that could not have been found earlier, and a few state-specific provisions like Georgia's tolling during a criminal prosecution. None of them can be counted on in advance, which is why the deadline is treated as absolute until a lawyer confirms an exception actually applies.

    Q:    Is the wrongful death deadline the same as the injury deadline?

    A:    Often, but not reliably. Nine jurisdictions give families less time for a death claim than for an injury claim, including North Dakota (six years for injury, two for death), Nebraska, Utah, Wyoming, Vermont, New York, North Carolina, and the District of Columbia. Wisconsin shortens the window specifically for motor vehicle deaths. The death claim also usually runs from the date of death rather than the date of injury, which cuts both ways.

    Q:    Does the clock ever start later than the injury date?

    A:    In many states, yes. Discovery rules start the clock when the injury was or should have been discovered, which matters for latent harms like exposure diseases and surgical errors. But several states apply little or no discovery rule to ordinary accident claims, and statutes of repose can end a claim on a fixed schedule no matter what was discoverable. Treat a late-discovered injury as urgent, never as safely paused.

    Q:    Why does this page say the deadline may not be my real deadline?

    A:    Because shorter clocks can sit inside the statute of limitations. A claim against a city, county, or state usually requires a formal notice within a window measured in days or months, and missing the notice can end the case years before the limitation period expires. Insurance policies add their own notice requirements. The statute of limitations is the last deadline, and it is rarely the first one.


    The Deadline Forgives Nothing. Start Before It Matters.

    Every row in this table is a case that either got filed in time or quietly stopped existing.

    Injury victims deserve to know their real deadline, stated plainly, before it becomes the whole story.

    Calendaring your deadline, with every notice rule underneath it, is work Lawsuit Legal does in the first conversation.

    Call (888) 713-6653 today, while the date is a detail instead of a defense, for a free and confidential case review.

    We help injured people unsure which state's clock governs, families facing a death deadline shorter than they were told, and anyone whose injury sits near a transition date, with the legal help they need to file on time.

     

     

     

     

     

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