The personal injury statute of limitations is the legal deadline for filing an injury lawsuit after an accident, assault, dangerous product, medical injury, or another event caused by someone else’s negligence. If that deadline passes, the court may dismiss the case even when the injury is serious and liability is clear. State deadlines vary widely, and some cases have shorter notice rules, so injured people should check the law quickly instead of waiting until settlement talks fail.
If you are worried about a filing deadline, request a free case evaluation from Counsel Hound today. We can help you understand whether your case needs urgent attorney review.
This guide explains how personal injury filing deadlines work, gives a 50-state statute of limitations table, and highlights common exceptions that can change the date. It is general legal information, not legal advice. A lawyer licensed in your state should review the exact facts, accident date, defendant type, injury discovery date, and any special claim rules before you rely on a deadline.
What Is a Personal Injury Statute of Limitations?
A statute of limitations is a deadline set by state law. In a personal injury case, it usually controls how long an injured person has to file a civil lawsuit seeking compensation for medical bills, lost income, pain and suffering, and other losses. The clock often starts on the date of the injury, but some cases involve discovery rules or special exceptions.
For example, a person hurt in a car crash may know the injury date immediately. A person harmed by a defective medical device may not discover the cause until later. A child, an incapacitated adult, or a claim against a government agency may also involve rules that differ from the general personal injury deadline.
That is why the deadline should be treated as a starting point, not the full answer. Counsel Hound helps injured people find vetted attorneys who can examine the facts, determine the controlling filing window, and move quickly when time is short. You can also review our personal injury practice area for more information about the types of claims we help evaluate.
Personal Injury Statute of Limitations by State
The table below lists the general personal injury filing deadline in each state and the District of Columbia. These are common deadlines for negligence-based injury lawsuits, but they may not apply to every case. Medical malpractice, wrongful death, product liability, intentional torts, claims involving minors, and claims against public entities can have different rules.
| State | General deadline | Common citation or note |
|---|---|---|
| Alabama | 2 years | Commonly applied under Ala. Code section 6-2-38. See also Counsel Hound’s Alabama personal injury laws guide. |
| Alaska | 2 years | Many injury claims fall under Alaska Stat. section 09.10.070. |
| Arizona | 2 years | Public entity claims may require a notice of claim much earlier than two years. |
| Arkansas | 3 years | Medical injury claims can use a shorter deadline. |
| California | 2 years | Claims against public entities often require a government claim within months. |
| Colorado | 2 years | Motor vehicle accident claims can involve a three-year period. |
| Connecticut | 2 years | Connecticut also has repose rules that can limit older claims. |
| Delaware | 2 years | General personal injury claims commonly use a two-year period. |
| District of Columbia | 3 years | D.C. injury claims are commonly subject to a three-year filing period. |
| Florida | 2 years | Florida changed many negligence claims to two years. See Counsel Hound’s Florida personal injury laws guide. |
| Georgia | 2 years | Georgia injury claims commonly use a two-year deadline. |
| Hawaii | 2 years | Different rules may apply to medical malpractice and government claims. |
| Idaho | 2 years | Idaho injury claims commonly use a two-year period. |
| Illinois | 2 years | Local public entity defendants may trigger special notice and timing rules. |
| Indiana | 2 years | Claims against government defendants can have shorter notice requirements. |
| Iowa | 2 years | Personal injury actions commonly use a two-year filing period. |
| Kansas | 2 years | Kansas injury claims commonly use a two-year deadline. |
| Kentucky | 1 year | Motor vehicle claims may involve different timing rules. |
| Louisiana | 2 years | Louisiana extended many personal injury claims from one year to two years for injuries after the statutory change. |
| Maine | 6 years | Maine has one of the longer general civil injury windows. |
| Maryland | 3 years | Medical malpractice and governmental claims can have separate limits. |
| Massachusetts | 3 years | Many negligence-based injury claims use a three-year period. |
| Michigan | 3 years | Michigan injury claims commonly use a three-year filing period. |
| Minnesota | 2 years | Some negligence and intentional tort deadlines differ by claim type. |
| Mississippi | 3 years | Mississippi injury claims commonly use a three-year period. |
| Missouri | 5 years | Missouri has a longer general injury deadline than many states. |
| Montana | 3 years | Montana injury claims commonly use a three-year filing period. |
| Nebraska | 4 years | Medical malpractice claims may use a different deadline. |
| Nevada | 2 years | Nevada injury claims commonly use a two-year period. |
| New Hampshire | 3 years | Many personal injury claims use a three-year window. |
| New Jersey | 2 years | Public entity cases can require a notice of claim within 90 days. |
| New Mexico | 3 years | Claims against government entities can involve shorter notice rules. |
| New York | 3 years | Municipal claims can require a notice of claim within 90 days. |
| North Carolina | 3 years | North Carolina injury claims commonly use a three-year period. |
| North Dakota | 6 years | North Dakota has one of the longer general injury windows. |
| Ohio | 2 years | Ohio injury claims commonly use a two-year deadline. |
| Oklahoma | 2 years | Oklahoma injury claims commonly use a two-year period. |
| Oregon | 2 years | Government claims can require earlier notice. |
| Pennsylvania | 2 years | Pennsylvania injury claims commonly use a two-year deadline. |
| Rhode Island | 3 years | Rhode Island injury claims commonly use a three-year period. |
| South Carolina | 3 years | Government claims may have different procedures and timing rules. |
| South Dakota | 3 years | Medical malpractice claims can use a shorter period. |
| Tennessee | 1 year | Tennessee has one of the shortest general personal injury deadlines. |
| Texas | 2 years | Texas injury claims commonly use a two-year period. See Counsel Hound’s Texas personal injury laws guide. |
| Utah | 4 years | Utah has a longer general personal injury filing window than many states. |
| Vermont | 3 years | Vermont injury claims commonly use a three-year deadline. |
| Virginia | 2 years | Virginia injury claims commonly use a two-year period. |
| Washington | 3 years | Washington injury claims commonly use a three-year period. |
| West Virginia | 2 years | West Virginia injury claims commonly use a two-year deadline. |
| Wisconsin | 3 years | Wisconsin injury claims commonly use a three-year period. |
| Wyoming | 4 years | Wyoming has a longer general injury deadline than many states. |
How Long Do You Have to File an Injury Lawsuit?
In many states, the answer is two or three years from the date of injury. That is not a safe rule to rely on without checking your state and claim type. Some states give only one year for many personal injury cases. Others allow four, five, or six years for general injury claims. A few states use different deadlines depending on whether the injury came from a car accident, a defective product, professional malpractice, or an intentional act.
The safest approach is to act as if the deadline is shorter than expected. Evidence can disappear quickly. Witnesses move, phone data gets deleted, surveillance video is overwritten, medical records take time to collect, and insurance companies may delay negotiations until a deadline becomes a problem. Waiting can weaken the case even before the formal statute of limitations expires.
Not sure how long you have to file an injury lawsuit? Contact Counsel Hound for a free consultation and we can help connect you with an attorney who handles cases in your state.
When Does the Statute of Limitations Clock Start?
The clock usually starts on the date the injury occurs. In a car crash, that is typically the collision date. In a slip and fall case, it is usually the fall date. In an assault case, it is usually the date of the incident. This is why accident victims should write down the exact date, location, names of involved parties, insurance information, police report numbers, and medical treatment timeline as soon as possible.
Some cases are more complicated. The discovery rule may delay the start of the clock when the injured person could not reasonably know that an injury happened or that another party caused it. This issue can arise in medical malpractice, toxic exposure, defective product, and delayed-diagnosis cases. Discovery rules are narrow and state-specific, so they should not be assumed without legal review.
The deadline may also be affected if the injured person is a minor, incapacitated, or legally unable to sue. This is sometimes called tolling. Tolling can pause or extend a filing period, but many states limit it. In some places, a statute of repose can still cut off the claim even if the injury was discovered later.
Which Cases Have Shorter Deadlines?
Several injury cases require faster action than the general statute of limitations table suggests. Government claims are the biggest example. If a city bus, police vehicle, public hospital, state employee, school district, or municipal property contributed to the injury, the injured person may have to file a formal notice of claim within months. Missing that notice deadline can damage the case even if the ordinary lawsuit deadline has not passed.
Medical malpractice claims often have separate deadlines and statutes of repose. Product liability cases can also have special rules based on when the product was sold, when it was first used, or when the injury was discovered. Wrongful death cases may use a deadline measured from the date of death rather than the date of the original injury.
These issues are one reason Counsel Hound focuses on attorney matching rather than one-size-fits-all answers. A deadline question is rarely just a calendar question. It requires identifying the correct defendant, claim type, jurisdiction, injury date, discovery date, and any notice requirements.
What Should You Do if the Filing Deadline Is Close?
If the deadline may be close, do not wait for an insurance adjuster to finish reviewing the claim. Settlement talks do not automatically pause the statute of limitations. A claim number, recorded statement, medical bill submission, or demand letter is not the same as filing a lawsuit. Unless an attorney confirms that the deadline has been protected, assume the clock is still running.
Start by collecting the accident date, medical treatment dates, police or incident reports, insurance letters, photos, witness names, and any prior correspondence with the defendant or insurer. Then ask an attorney to review the deadline immediately. If the case is viable and time is short, the attorney may need to file suit quickly to preserve the claim.
You should also avoid signing broad releases without legal review. Insurance companies may offer a fast payment that appears helpful but closes the entire claim. Once a release is signed, later medical complications may not be covered.
Why Attorney Matching Matters for State Deadline Questions
State law controls most personal injury limitation periods, so the right attorney match matters. A lawyer who regularly handles claims in the state where the accident happened will know the local filing rules, notice requirements, court procedures, and practical risks. Counsel Hound was built to help injured people cut through legal advertising and connect with vetted attorneys who are appropriate for the case type and location.
Our process starts with a free evaluation. We review the basic case details, identify the type of claim, and help determine whether urgent legal review is needed. If the case appears to need attorney involvement, we work to match the injured person with a lawyer in our network who has relevant experience. Learn more about our background and vetting approach on the About Counsel Hound page.
Key Takeaways on Personal Injury Filing Deadlines
- The general personal injury statute of limitations is often two or three years, but some states are shorter or longer.
- Government claims, medical malpractice, wrongful death, product liability, and claims involving minors can have different rules.
- Insurance negotiations do not necessarily stop the filing clock.
- The discovery rule and tolling can apply in limited cases, but they are not automatic.
- The safest move is to speak with a qualified attorney as early as possible.
Filing deadlines are one of the most important issues in any injury case because a missed deadline can end the claim before the facts are ever heard. If you were injured and need to know whether time is running out, Counsel Hound can help you take the next step.
Request a free case evaluation from Counsel Hound and get connected with a vetted personal injury attorney in the right state for your claim.
Legal disclaimer: This article is general information only and does not create an attorney-client relationship. Statutes change, exceptions vary, and deadlines depend on the specific facts of each case. Speak with a licensed attorney in your state before making decisions about a claim.
