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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.
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

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 |
|---|---|---|---|---|
| Alabama | 2 years | Ala. Code § 6-2-38(l) | Same (§ 6-5-410) | Alabama wrongful death damages are punitive only |
| Alaska | 2 years | AS 09.10.070 | Same | Discovery rule comes from case law |
| Arizona | 2 years | A.R.S. § 12-542 | Same | Government claims: 180-day notice, 1-year suit |
| Arkansas | 3 years | Ark. Code § 16-56-105 | 3 years (§ 16-62-102) | Medical malpractice drops to 2 years |
| California | 2 years | CCP § 335.1 | Same | Government claims need a 6-month filing |
| Colorado | 2 years | C.R.S. § 13-80-102 | Same | Motor vehicle claims get 3 years |
| Connecticut | 2 years | C.G.S. § 52-584 | 2 years from death (§ 52-555) | Runs from discovery, capped by a 3-year repose from the act |
| Delaware | 2 years | 10 Del. C. § 8119 | Same | Strictly applied, little tolling |
| District of Columbia | 3 years | D.C. Code § 12-301(8) | 2 years (§ 16-2702) | Death claims run a year shorter than injury claims |
| Florida | 2 years | Fla. Stat. § 95.11 | 2 years from death | 2 years only for negligence accruing after 3/24/2023; older claims keep 4 |
| Georgia | 2 years | O.C.G.A. § 9-3-33 | Same | Tolled during criminal prosecution of the same conduct (§ 9-3-99) |
| Hawaii | 2 years | HRS § 657-7 | Same | Discovery-based accrual |
| Idaho | 2 years | Idaho Code § 5-219(4) | Same | Accrues at injury; no general discovery rule |
| Illinois | 2 years | 735 ILCS 5/13-202 | Same | Minors get 2 years after turning 18 |
| Indiana | 2 years | Ind. Code § 34-11-2-4 | Same | Government notice: 180 days local, 270 state |
| Iowa | 2 years | Iowa Code § 614.1(2) | Same | Medical malpractice carries a 6-year repose |
| Kansas | 2 years | K.S.A. § 60-513(a)(4) | Same | 10-year repose caps discovery accrual |
| Kentucky | 1 year | KRS § 413.140(1)(a) | 1 year, from estate appointment | Motor vehicle claims get 2 years (KRS 304.39-230) |
| Louisiana | 2 years (injuries on or after 7/1/2024); 1 year before | C.C. art. 3493.1; art. 3492 | 1 year from death or 2 years from injury, whichever is longer (art. 2315.2) | The injury date decides which regime applies |
| Maine | 6 years | 14 M.R.S. § 752 | 3 years from death | Longest in the nation; medical malpractice only 3 |
| Maryland | 3 years | CJP § 5-101 | Same | Local-government notice within 1 year |
| Massachusetts | 3 years | M.G.L. c. 260, § 2A | Same | Public-employer presentment within 2 years |
| Michigan | 3 years | MCL § 600.5805(2) | Same | No-fault PIP benefits: separate one-year-back rule |
| Minnesota | 6 years | Minn. Stat. § 541.05 | 3 years from death | Many charts wrongly list Minnesota at 2 |
| Mississippi | 3 years | Miss. Code § 15-1-49 | Same | Medical malpractice 2 years |
| Missouri | 5 years | Mo. Rev. Stat. § 516.120(4) | 3 years (§ 537.100) | Medical malpractice far shorter at 2 years |
| Montana | 3 years | MCA § 27-2-204(1) | Same | Medical malpractice 2 years |
| Nebraska | 4 years | Neb. Rev. Stat. § 25-207(3) | 2 years (§ 30-810) | The death window is half the injury window |
| Nevada | 2 years | NRS 11.190(4)(e) | Same | Medical malpractice runs on its own periods |
| New Hampshire | 3 years | RSA 508:4 | Same | Discovery rule written into the statute |
| New Jersey | 2 years | N.J.S.A. § 2A:14-2 | Same | Tort Claims Act: 90-day notice |
| New Mexico | 3 years | N.M.S.A. § 37-1-8 | 3 years (§ 41-2-2) | Government suits: 2 years under the Tort Claims Act |
| New York | 3 years | CPLR 214 | 2 years (EPTL 5-4.1) | Medical malpractice 2.5 years; municipal notice in 90 days |
| North Carolina | 3 years | N.C.G.S. § 1-52 | 2 years (§ 1-53(4)) | 10-year repose; the death window is shorter |
| North Dakota | 6 years | N.D.C.C. § 28-01-16(5) | 2 years (§ 28-01-18(4)) | Six years for injury, two for death |
| Ohio | 2 years | R.C. § 2305.10(A) | Same (§ 2125.02) | Discovery accrual for latent injuries |
| Oklahoma | 2 years | 12 O.S. § 95(A)(3) | Same (§ 1053) | Government claims: 1-year notice |
| Oregon | 2 years | ORS § 12.110(1) | 3 years from death (ORS 30.020) | 180-day notice for public bodies |
| Pennsylvania | 2 years | 42 Pa.C.S. § 5524(2) | Same | Government notice: 6 months |
| Rhode Island | 3 years | R.I.G.L. § 9-1-14(b) | Same (§ 10-7-2) | Discovery rule for latent injuries |
| South Carolina | 3 years | S.C. Code § 15-3-530 | Same | Tort Claims Act suits: 2 years unless a verified claim is filed |
| South Dakota | 3 years | SDCL § 15-2-14(3) | 3 years (§ 21-5-3) | Medical malpractice 2 years |
| Tennessee | 1 year | T.C.A. § 28-3-104 | Same | Extends to 2 years when the injury arises from criminal conduct |
| Texas | 2 years | CPRC § 16.003 | 2 years from death | Minority tolling; little discovery-rule help in crash cases |
| Utah | 4 years | Utah Code § 78B-2-307 | 2 years (§ 78B-2-304) | The injury window is double the death window |
| Vermont | 3 years | 12 V.S.A. § 512(4) | 2 years from death | The death window runs a year shorter |
| Virginia | 2 years | Va. Code § 8.01-243(A) | 2 years from death (§ 8.01-244) | Accrues at injury; almost no discovery rule |
| Washington | 3 years | RCW § 4.16.080(2) | Same (RCW 4.20.010) | Government claims: file first, then a 60-day hold |
| West Virginia | 2 years | W. Va. Code § 55-2-12(b) | Same (§ 55-7-6) | Multi-step discovery analysis under Dunn v. Rockwell |
| Wisconsin | 3 years | Wis. Stat. § 893.54 | 3 years; motor vehicle deaths 2 years (§ 893.54(2m)) | The two-year motor vehicle death trap |
| Wyoming | 4 years | Wyo. 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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