Every state sets its own deadline for filing a personal injury lawsuit. Filing after the applicable deadline can prevent an injured person from pursuing the claim in court, although exceptions and tolling rules may change when that deadline begins or expires. This guide provides the general personal injury filing deadline for all 50 states and the District of Columbia, along with the key exceptions and doctrines that can shift that deadline.
This is general reference information, not legal advice. Statutes of limitations carry exceptions for discovery rules, minor plaintiffs, government defendants, and specific claim types (medical malpractice, wrongful death, and product liability often run on separate clocks from general personal injury). Attorneys matched through NeedAnAttorney.net can confirm the deadline that applies to a specific case.
State
General PI Deadline
Statutory Citation
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
2 years
2 years
2 years
3 years
2 years
2 years (3 years for motor vehicle accidents)
2 years
2 years
2 years (reduced from 4 years)
2 years
2 years
2 years
2 years
2 years
2 years
2 years
1 year
2 years (extended from 1 year)
6 years
3 years
3 years
3 years
6 years
3 years
5 years
3 years
4 years
2 years
3 years
2 years
3 years
3 years
3 years
6 years
2 years
2 years
2 years
2 years
3 years
3 years
3 years
1 year
2 years
4 years
3 years
2 years
3 years
2 years
3 years
4 years
O.C.G.A. § 9-3-33
Md. Code Cts. & Jud. Proc. § 5-101
N.M. Stat. Ann. § 37-1-8
Or. Rev. Stat. § 12.110
Recent Changes Worth Knowing
State legislatures amend these deadlines more often than most people expect, and outdated information is one of the most common ways an injured person misjudges how much time they actually have. Florida (2023): House Bill 837 cut the general negligence statute of limitations from 4 years to 2 years for causes of action accruing on or after March 24, 2023. The same law also moved Florida from pure comparative negligence to a modified comparative negligence system with a 51 percent bar, meaning a claimant found more than 50 percent at fault recovers nothing. Medical malpractice claims were carved out of the comparative fault change and remain under the pure comparative standard. Louisiana (2024 and 2025): Act 423 (House Bill 315) extended Louisiana’s personal injury prescriptive period from 1 year to 2 years, effective for injuries occurring on or after July 1, 2024. Separately, Act 15 of 2025 (House Bill 431) moved Louisiana from pure comparative fault to a modified comparative fault system with a 51 percent bar, effective for accidents occurring on or after January 1, 2026. Because both changes are prospective only, the rule that applies to a given Louisiana claim depends on the date of the underlying accident, not the date a lawsuit is filed.What Can Change the Deadline
The general filing deadline is the starting point, not the full picture. Several doctrines commonly extend, pause, or shorten it:
The discovery rule. Some claims may qualify for a discovery rule under which the limitations period is affected by when the injury or its cause was discovered or reasonably should have been discovered. For ordinary accident and negligence claims, the date of the accident commonly controls. The availability and scope of a discovery rule varies by state and by type of claim, and becomes particularly relevant for latent injuries and certain specialized claims such as medical malpractice.
Minor plaintiffs. Many states provide tolling rules that adjust how the statute of limitations applies to injured minors, but the rules and exceptions vary significantly by jurisdiction and type of claim. Medical malpractice and claims involving government defendants may be treated differently than ordinary personal injury claims.
Claims against government entities. Claims involving a city, county, state agency, public employee, or other government entity may be subject to special notice requirements and deadlines that are different from the ordinary personal injury statute of limitations. In some jurisdictions, notice may be required well before the normal lawsuit deadline expires, and these requirements vary considerably by state and by type of government defendant.
Medical malpractice and wrongful death. These claim types frequently run on their own statutory clock, separate from the general personal injury deadline shown above, and often include their own discovery rules and outer limits (statutes of repose) that cap how long a claim can be brought regardless of when it was discovered.
Why the Deadline Matters More Than It Seems
A statute of limitations is a complete defense. Once it expires, a defendant can have a case dismissed regardless of how clear the liability is or how serious the injury was, without a court ever weighing the merits. Confirming the correct deadline, and any exceptions that might extend or shorten it, is one of the first and most consequential steps in any personal injury matter. NeedAnAttorney.net’s AI-powered matching connects injured individuals with attorneys licensed in the relevant state who can confirm the specific deadline that applies to a given case, along with any notice requirements, discovery rule questions, or claim-specific rules that might affect it.Frequently Asked Questions
How long do I have to file a personal injury lawsuit?
It depends on the state where the claim arises. Most states set a general deadline of 2 to 3 years, though some allow as little as 1 year and others allow up to 6 years. The table above lists the general deadline for each state.
Does every state have the same personal injury statute of limitations?
No. Each state legislature sets its own deadline, and there is no single federal statute of limitations that applies to ordinary personal injury claims nationwide.
When does the statute of limitations begin?
In most cases, the clock begins on the date of the accident or injury. Certain claims may qualify for a discovery rule that adjusts when the clock starts, depending on the state and the type of claim.
Can the statute of limitations be extended?
In some circumstances, yes. Tolling rules for minors, discovery rule doctrines, and other state-specific exceptions can extend the effective deadline. Whether any of these apply depends on the facts of the case and the state’s specific rules.
What happens if the injured person is a minor?
Many states provide tolling rules for minor plaintiffs, but the details vary by state and by claim type. An attorney licensed in the relevant state can confirm how tolling applies to a specific case.
Are government injury claims subject to different deadlines?
Often, yes. Claims against a city, county, state agency, or other government entity may involve separate notice requirements and deadlines that differ from the standard personal injury statute of limitations.
Is wrongful death subject to the same deadline as personal injury?
Not always. Many states apply a separate statute of limitations to wrongful death claims, which may run from the date of death rather than the date of the original injury.
How can I determine the deadline for my specific case?
Because exceptions and specific claim types can change the applicable deadline, confirming the correct timeline with an attorney licensed in the relevant state is the most reliable way to know how much time remains to file.
