Personal Injury Statute of Limitations by State (and the Exceptions That Change Your Deadline)

If someone else’s carelessness hurt you, a legal clock is probably already running. The statute of limitations is the deadline to file a personal injury lawsuit, and each state sets its own. For most injury claims it runs from one year to six, depending on the state, and most states allow two or three years. Miss it, and the claim is usually over, however strong it is.

If you’re still healing and haven’t had a chance to think about deadlines, that’s normal. The table below gives the deadline for most injury lawsuits in all 50 states and Washington, D.C., each checked against the state’s own statute. After it come the exceptions that can shorten or extend yours.

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What is the statute of limitations for personal injury?

It’s a law that sets the last day you can file a lawsuit over an injury. File after it, and the other side can ask the court to dismiss the case on that ground alone. Michigan’s statute, for example, says an injury lawsuit can’t be brought or kept going unless it was filed within the time the law allows (MCL 600.5805(1)).

Three things decide your deadline:

• Your state. Each state writes its own. If you were hurt in one state and live in another, more than one state’s deadline may matter, so ask a lawyer which one applies.
• Your kind of claim. The table covers most injury lawsuits: the ones based on someone’s carelessness, which the law calls negligence. Medical malpractice, wrongful death, intentional harm such as assault, and claims against the government can have different deadlines.
• When the clock started. The clock starts when the claim accrues. In many states, that’s the day you were hurt. Ohio’s and Louisiana’s statutes, for example, say so (Ohio Rev. Code § 2305.10(A); La. Civ. Code art. 3493.1). Some states start it later, as explained below.

Some claims also have a notice deadline: a short window to tell someone in writing, such as your insurer or a government agency, before you can sue or collect. Notice deadlines can be months, not years.

How long do you have to sue for a personal injury in each state?

The table shows each state’s deadline for most personal injury lawsuits. Last verified September 2026 against the statute on an official state website or Justia’s copy of the state code and, where a statute’s wording leaves room for doubt, a court decision applying it. Laws change, so confirm your deadline with a lawyer licensed in your state before you rely on it.

Two states changed their deadlines recently:

• Florida cut its deadline for negligence lawsuits from four years to two, for claims that arose after March 24, 2023, the day the change became law (Fla. Stat. § 95.11(5)(a); ch. 2023-15, Laws of Fla.).
• Louisiana raised its deadline for tort claims, which Louisiana law calls “delictual actions,” from one year to two, for claims arising after July 1, 2024 (La. Civ. Code art. 3493.1; 2024 La. Acts No. 423).

Most states allow two or three years. The shortest general deadline is one year, in Kentucky and Tennessee. The longest is six, in Maine, North Dakota and, for negligence claims, Minnesota.

What is the statute of limitations on a car accident?

Start with your state’s row in the table, then check whether your state sets a separate clock for crashes. Some do:

• Colorado allows three years for injury claims arising from the use or operation of a motor vehicle, instead of its usual two (Colo. Rev. Stat. §§ 13-80-101(1)(n), 13-80-102(1)(a)).
• Kentucky allows two years for a crash covered by its no-fault law, counted from the injury or the last no-fault benefit payment, whichever is later, instead of its usual one (Ky. Rev. Stat. §§ 304.39-230(6), 413.140(1)(a)).
• Wisconsin allows three years for crash injuries, as for other injuries, but only two for a lawsuit over a death caused by a crash (Wis. Stat. § 893.54(1m), (2m)).

Damage to your car can have a different deadline than your injuries. In Virginia, for example, an injury lawsuit must be filed within two years, but a lawsuit over damage to property has five (Va. Code § 8.01-243(A), (B)).

If you live in a no-fault state, a claim for benefits from your own insurer can have deadlines of its own, separate from the deadline to sue the other driver. Michigan’s are below, and our guide to no-fault and at-fault states explains how no-fault works. Fault rules also differ from state to state; see how fault is decided in an injury case.

How long do you have to file a car accident claim with insurance?

An insurance claim isn’t a lawsuit, and your policy may set its own deadlines for giving notice, proving your loss and suing the insurer. Report the crash to your insurer promptly, and read those parts of your policy.

Uninsured (UM) and underinsured (UIM) motorist coverage deserves a close look, because a claim goes to your own insurer under your contract. Some states set UM and UIM deadlines by statute: Colorado generally gives you at least three years to sue or demand arbitration (Colo. Rev. Stat. § 13-80-107.5). Elsewhere, your policy’s deadline may control. See how uninsured motorist claims work.

Not sure which deadline applies to you? Get a free case review. Four quick questions, no cost, no obligation.

When does the clock start?

In many states, on the day you were hurt. Some states use a discovery rule instead, which starts the clock when you discovered the injury, or reasonably should have. It matters most for an injury that is hidden at first or shows up slowly. Examples written into statutes:

• Vermont: three years from the discovery of the injury (Vt. Stat. Ann. tit. 12, § 512(4)).
• New Hampshire: three years from the act. If the injury and its cause couldn’t reasonably have been discovered then, three years from when you discovered them or should have (N.H. Rev. Stat. Ann. § 508:4(I)).
• North Carolina: the clock starts when the bodily harm becomes apparent, or reasonably should have. But with limited exceptions, a claim can’t accrue more than 10 years after the defendant’s last act or omission (N.C. Gen. Stat. § 1-52(16)).
• Mississippi: for a latent (hidden) injury or disease, the clock starts when you discovered it or reasonably should have (Miss. Code Ann. § 15-1-49(2)).

An outer limit that ends a claim after a fixed time, no matter when you found out, is called a statute of repose. Connecticut, for example, allows two years from when an injury is first sustained or discovered, or reasonably should have been discovered, but no more than three years from the act or omission (Conn. Gen. Stat. § 52-584).

What exceptions can change your deadline?

The table is a starting point. These situations can shorten your time or add to it.

Children and adults who can’t manage their own affairs

Some states pause the clock, which is called tolling, while the injured person is a minor or is mentally unable to handle their legal rights. In Texas, for example, the time a person is under 18 or “of unsound mind” isn’t counted if the condition existed when the claim arose. A condition that starts later doesn’t stop the clock (Tex. Civ. Prac. & Rem. Code § 16.001).

Claims against the government

Suing a government agency can come with a short notice deadline, a written notice or claim you must file before you can sue. If a federal employee hurt you while doing their job, for example, you must first present a written claim to the federal agency within two years (28 U.S.C. § 2401(b)).

Medical malpractice

Claims against doctors, hospitals and other health care providers can have their own deadline, a discovery rule with an outer limit, or steps you must take before you can sue. Two examples:

• Florida: two years from the incident, or from when it was or should have been discovered, but generally no more than four years from the incident (Fla. Stat. § 95.11(5)(c)).
• Connecticut: two years from when the injury is first sustained or discovered, or reasonably should have been discovered, and no more than three years from the act or omission (Conn. Gen. Stat. § 52-584).

For how these cases work, see our guide to medical malpractice lawsuits.

Wrongful death

When an injury is fatal, the family’s claim has its own rules, and the clock may start at the death instead of the injury. Arizona and Texas, for example, allow two years and count from the death (Ariz. Rev. Stat. § 12-542(2); Tex. Civ. Prac. & Rem. Code § 16.003(b)). Wisconsin allows three years for most wrongful death claims but two for a death from a motor vehicle accident (Wis. Stat. § 893.54(1m)(b), (2m)). Our wrongful death guide explains who can file and what the claim can pay for.

Does negotiating with the insurance company stop the clock?

Don’t count on it. Michigan’s tolling statute, for example, pauses the clock for filing a lawsuit that is served on time, for the court gaining jurisdiction over the defendant, and for a malpractice notice of intent (MCL 600.5856). Settlement talks are not on that list.

The claims process can take months, and the insurer’s side handles these deadlines every day. If your deadline is getting close and the case hasn’t settled, a lawsuit may need to be filed to protect it. See how long an injury case takes, stage by stage.

What to do next

1. Write down the date you were hurt and find your state’s row in the table. If you were hurt in another state, check that row too, and plan around the earlier date.
2. Look for a shorter clock. A government agency, a doctor or hospital, a death in the family or your own insurance policy can each bring an earlier deadline. Send any required notice in writing and keep proof of delivery.
3. Keep getting medical care, and keep your records. Bills, visit notes, pay stubs and photos prove your losses.
4. Talk to a lawyer well before the deadline. A case takes time to investigate, and some claims need steps before you can file. To see what you’d have to prove, read whether a personal injury lawsuit is worth filing. Then get a free case review or, in Michigan, compare injury lawyers near you.

What waiting can cost

• Your right to sue. A lawsuit filed after the deadline can be dismissed, however strong the case (in Michigan, MCL 600.5805(1)).
• A claim against the government. Notice deadlines can be months, not years: in Michigan, 120 days after an injury from a defective highway (MCL 691.1404(1)).
• Benefits you’re owed. In Michigan, a lawsuit for no-fault (PIP) benefits can’t be brought more than a year after the crash unless your insurer got written notice within that year or has already paid PIP benefits (MCL 500.3145(1)).
• Evidence. Video gets recorded over, vehicles get repaired, and witnesses become harder to find.

What a good outcome looks like

You know your deadline, and any notice goes out on time and in the right form. If a lawsuit is needed, it’s filed with room to spare, and your case is decided on what happened and what it cost you, not on a missed date. From wondering how long you have to knowing your deadline, the exceptions that apply to you and what your claim needs next.

For the rest of the claims process, start with our guide to personal injury claims.

Updated September 25, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.