The statute of limitations is the legal deadline for filing a personal injury lawsuit. Miss this deadline and you lose the right to sue -- no matter how strong your case is. Every state sets its own deadline, ranging from 1 year (Kentucky, Tennessee, Louisiana) to 6 years (Maine, North Dakota). Most states allow 2 to 3 years from the date of the accident.
This guide covers the filing deadlines in all 50 states plus special rules and exceptions you need to know. Attorneys in our network* can confirm the exact deadline for your specific case. *Past results do not guarantee future outcomes.
Most Common Filing Deadlines
1-year states: Kentucky, Louisiana, Tennessee. These are the strictest deadlines in the country. If you were injured in one of these states, time is critical.
2-year states: Alabama, Alaska, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana (some torts), Minnesota, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia.
3-year states: Arkansas, Colorado, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin, Wyoming.
4-year states: Florida, Nebraska, Utah, Wyoming.
5-year states: Missouri.
6-year states: Maine, North Dakota.
Note that these deadlines apply to personal injury lawsuits specifically. Property damage claims, wrongful death claims, and claims against government entities often have different deadlines.
Exceptions That Extend or Shorten the Deadline
Several exceptions can modify the standard filing deadline. The discovery rule applies when injuries are not immediately apparent -- the statute of limitations may start running from the date you discovered (or should have discovered) the injury, rather than the date of the accident.
Minors generally have until their 18th birthday plus the statute of limitations period to file. For example, in a 2-year state, a child injured at age 10 would have until age 20 to file.
Claims against government entities (city buses, state vehicles, federal property) have much shorter deadlines, often 6 months to 1 year, and require filing a formal notice of claim before suing. Missing this notice requirement bars your case even if the general statute of limitations has not expired.
Mental incapacity can toll (pause) the statute of limitations if the injured person is mentally incapacitated as a result of the accident.
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What Happens If You Miss the Deadline
If you file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss, and the court will grant it. There are no second chances and virtually no exceptions for simply being unaware of the deadline. The insurance company will also refuse to negotiate if they know the statute has expired.
This is why contacting an attorney early is so important. An attorney will immediately identify your filing deadline and take steps to preserve your claim. Even if your deadline is years away, evidence degrades over time -- witnesses forget details, surveillance footage gets deleted, and medical records become harder to connect to the accident.
Do Not Wait -- Find Out Your Deadline Today
The safest approach is to contact an attorney as soon as possible after your accident. Attorneys in our network* offer free consultations and can tell you exactly how long you have to file in your state.
Call (267) 212-1034 today.
*Past results do not guarantee future outcomes.
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or text usFrequently Asked Questions
Usually yes, the clock starts on the date of the accident. However, the discovery rule may delay the start date if your injuries were not immediately apparent. For example, if you develop symptoms weeks after a car accident, the statute may start from the date you first discovered the injury.
Yes, wrongful death statutes of limitations are separate from personal injury deadlines and vary by state. They typically range from 1 to 3 years from the date of death. Some states start the clock from the date of death rather than the date of the accident that caused the death.
In limited circumstances, yes. Tolling exceptions include the injured person being a minor, mental incapacity, the defendant leaving the state, and the discovery rule for latent injuries. An attorney can evaluate whether any tolling exceptions apply to your case.
Claims against government entities have much shorter deadlines than standard personal injury claims, often 6 months to 1 year. You typically must file a formal notice of claim before filing a lawsuit. Missing this administrative step bars your case regardless of the general statute of limitations.
The statute of limitations applies to lawsuits, not insurance claims. However, as a practical matter, if the statute expires and you cannot sue, the insurance company has no incentive to pay your claim. Filing your insurance claim promptly (within days or weeks) is always advisable regardless of the legal deadline.
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(267) 212-1034*Past results do not guarantee future outcomes.