Personal Injury Statute of Limitations: How Long Do You Have to Claim?

Personal Injury Statute of Limitations

If you’ve been in an accident, whether a car accident, truck accident, or a slip or fall at work, you could be entitled to compensation to cover your medical bills, lost earnings, pain and suffering, and more.

But did you know that there’s a time limit for making your claim?

If you fail to start your claim within the statute of limitations, you release the negligent party of all liability — whether that’s the driver who caused your auto accident, the manufacturer who designed a hazardous product, or the employer who failed to keep you safe at work.

However, the personal injury statute of limitations differs by state, so how long do you have to file your claim?

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Quick Jump: Personal Injury Statute of Limitations Where You Are

  1. Alabama
  2. Alaska
  3. Arizona
  4. Arkansas
  5. California
  6. Colorado
  7. Connecticut
  8. Delaware
  9. DC
  10. Florida
  11. Georgia
  12. Hawaii
  13. Idaho
  14. Illinois
  15. Indiana
  16. Iowa
  17. Kansas
  18. Kentucky
  19. Louisiana
  20. Maine
  21. Maryland
  22. Massachusetts
  23. Michigan
  24. Minnesota
  25. Mississippi
  26. Missouri
  27. Montana
  28. Nebraska
  29. Nevada
  30. New Hampshire
  31. New Jersey
  32. New Mexico
  33. New York
  34. North Carolina
  35. North Dakota
  36. Ohio
  37. Oklahoma
  38. Oregon
  39. Pennsylvania
  40. Rhode Island
  41. South Carolina
  42. South Dakota
  43. Tennessee
  44. Texas
  45. Utah
  46. Vermont
  47. Virginia
  48. Washington
  49. West Virginia
  50. Wisconsin
  51. Wyoming

 

What Is the Personal Injury Statute of Limitations in Alabama?

Section 6, Chapter 2 of the Code of Alabama governs the limitation of actions in civil practice. According to Alabama law, claimants have two years to commence a personal injury claim.

What Is the Personal Injury Statute of Limitations in Alaska?

According to Section 9 of the Alaska State Legislature, a person may bring a personal injury claim within two years.

What Is the Personal Injury Statute of Limitations in Arizona?

Title 12, Chapter 5, Article 3 of the Arizona State Legislature governs civil proceedings and dictates that claimants must make a personal injury claim within two years.

What Is the Personal Injury Statute of Limitations in Arkansas?

According to Title 16, Subtitle 5, Chapter 56 of the Code of Arkansas, the statute of limitations for personal injury claims is three years. Additional legislation governs wrongful death (Title 16, Subtitle 5, Chapter 62) and medical injury (Title 16, Subtitle 17, Chapter 114).

 

What Is the Personal Injury Statute of Limitations in California?

The Code of Civil Procedure within the California Constitution outlines the statute of limitations for civil action, including personal injury. Part 2, Title 2, Chapter 3 states that the time to file an action for “injury to, or for the death of, an individual caused by the wrongful act or neglect of another” is two years.

 

What Is the Personal Injury Statute of Limitations in Colorado?

The Colorado Revised Statutes (C.R.S.) are the laws passed by the Colorado General Assembly. Title 13, Article 80, Part 102 of the C.R.S. states that the statute of limitations for personal injury claims is two years. However, there is an exception for “all tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle” (such as car accidents), where the statute of limitations is three years.

 

What Is the Personal Injury Statute of Limitations in Connecticut?

Title 52, Chapter 926, Part 584 of the Connecticut General Statutes states that the statute of limitations for “injury to person or property caused by negligence, misconduct or malpractice” is two years from the date the injury was sustained. If the injury or illness was discovered later, claimants have two years from the date it reasonably ought to have been discovered.

 

What Is the Personal Injury Statute of Limitations in Delaware?

Delaware’s personal injury statute of limitations is two years, as stated by Title 10, Chapter 81, Section 8119 of the Delaware Code.

 

What Is the Personal Injury Statute of Limitations in DC?

The Code of the District of Columbia (DC) dictates the limitation of time for bringing personal injury actions. Title 12, Chapter 3, Section 301 gives a time limit of three years to claim for the recovery of damages following an injury.

 

What Is the Personal Injury Statute of Limitations in Florida?

Title 8, Chapter 95 of the Florida Statutes outlines the statute of limitations for personal injury claims in the Sunshine State. An action founded on negligence must be pursued within four years. However, there are exceptions for medical malpractice and wrongful death (in which case, the statute of limitations is two years).

 

What Is the Personal Injury Statute of Limitations in Georgia?

Per Title 9, Chapter 3, Article 2 of the Code of Georgia, the personal injury statute of limitations is two years. However, for wrongful death claims involving loss of consortium, action must be brought within four years.

 

What Is the Personal Injury Statute of Limitations in Hawaii?

Title 36 of the Hawaii Revised Statutes outlines civil proceedings. Chapter 657 states that actions to recover compensation for personal injury must be initiated within two years of the event that caused the injury.

 

What Is the Personal Injury Statute of Limitations in Idaho?

Title 5, Chapter 2, Part 219 of the Idaho Legislature states that the statute of limitations for personal injury is two years. For the majority of claims, the two-year time limit begins on the date of the accident. For wrongful death and medical malpractice cases, the statute of limitations is two years from the date of the death or the date of the malpractice, respectively.

 

What Is the Personal Injury Statute of Limitations in Illinois?

The Illinois General Assembly is the legislative body of the state of Illinois. As stated in Chapter 735 (Civil Procedure), Article 5, Article 13, Part 2 of its Compiled Statutes, action for personal injury must commence within two years.

 

What Is the Personal Injury Statute of Limitations in Indiana?

As set out in Title 34, Article 11, Chapter 2 of the 2021 Indiana Code, the personal injury statute of limitations is two years.

 

What Is the Personal Injury Statute of Limitations in Iowa?

Title 15, Chapter 614, Part 1 of the Iowa Code sets the statute of limitations for personal injury at two years. However, there are exceptions. Medical malpractice action must not be brought later than six years after the date of the malpractice, while product liability claims have a longer statute of limitations of fifteen years from the date the product was purchased or installed.

 

What Is the Personal Injury Statute of Limitations in Kansas?

The statute of limitations for personal injury in Kansas is two years, as outlined in Chapter 60, Article 5, Section 60 of the Kansas Statutes.

 

What Is the Personal Injury Statute of Limitations in Kentucky?

Title 36, Chapter 413, Section 140 of the Kentucky Revised Statutes outlines that personal injury claims must be brought within one year. Kentucky has a separate statute of limitations for car accident injury lawsuits. According to Title 25, Chapter 304, Subtitle 39 (Motor Vehicle Reparations Act), Part 230, claimants have two years to bring a claim.

 

What Is the Personal Injury Statute of Limitations in Louisiana?

The Louisiana Civil Code sets out the limitation of actions in the Bayou State. Book 3, Title 24, Chapter 4, Section 1, Article 3492 sets the personal injury statute of limitations at one year.

 

What Is the Personal Injury Statute of Limitations in Maine?

Maine and North Dakota share the longest statute of limitations in the US at six years, as governed by Title 14, Part 2, Chapter 205, Subchapter 1, Section 752 of the Maine Revised Statutes.

 

What Is the Personal Injury Statute of Limitations in Maryland?

Maryland statutes are set by the Maryland General Assembly. Section 5-101 of its Courts and Judicial Proceedings Article sets the personal injury statute of limitations at three years.

 

What Is the Personal Injury Statute of Limitations in Massachusetts?

Part 3, Title 5, Chapter 260, Section 2A of Massachusetts law states that the statute of limitations for personal injury is three years. An additional section — Section 4 — covers medical malpractice, although the statute of limitations remains the same.

 

What Is the Personal Injury Statute of Limitations in Michigan?

Chapter 600, Act 236, Chapter 58 (Limitation of Actions), Section 5805 of the Michigan Legislature states that the personal injury statute of limitations is three years.

 

What Is the Personal Injury Statute of Limitations in Minnesota?

As outlined in Chapter 541, Section 7 of the 2021 Minnesota Statutes, the statute of limitations for personal injury is two years.

 

What Is the Personal Injury Statute of Limitations in Mississippi?

House Bill 1257 was introduced to amend Section 15-1-49 of the Mississippi Code. It states that the statute of limitations for personal injury is three years.

 

What Is the Personal Injury Statute of Limitations in Missouri?

Title 35 of the Revised Statutes of Missouri sets out the procedure and limitations for civil law. As outlined in Chapter 516, Section 120, the statute of limitations for personal injury is five years.

 

What Is the Personal Injury Statute of Limitations in Montana?

Title 27, Chapter 2, Part 2 of the 2021 Montana Code sets out the statute of limitations for personal injury claims. Section 204 states that this is three years for the majority of injuries. The statute of limitations for medical malpractice in Montana is two years, as stated in Section 205.

 

What Is the Personal Injury Statute of Limitations in Nebraska?

Title 25, Section 207 of the Nebraska Revised Statute states that the statute of limitations for personal injury, including product liability, is four years. The exception is malpractice, where claimants have a two-year window to file an action.

 

What Is the Personal Injury Statute of Limitations in Nevada?

Chapter 11, Section 190 of the Nevada Legislature states that the statute of limitations for personal injury is two years, including for wrongful death.

 

What Is the Personal Injury Statute of Limitations in New Hampshire?

Title 52, Chapter 508, Section 4 of New Hampshire legislation sets a statute of limitations for personal injury of three years.

 

What Is the Personal Injury Statute of Limitations in New Jersey?

Title 2A, Chapter 14, Section 2 of the New Jersey General and Permanent Statutes states that the personal injury statute of limitations is two years.

 

What Is the Personal Injury Statute of Limitations in New Mexico?

As outlined in Chapter 37, Article 1, Section 8 of the New Mexico Statutes, the statute of limitations for personal injury is three years.

 

What Is the Personal Injury Statute of Limitations in New York?

Chapter 8, Article 2, Section 214 of the Consolidated Laws of New York states that the personal statute of limitations is three years. For medical malpractice, claimants have an additional six months (two years and six months total).

 

What Is the Personal Injury Statute of Limitations in North Carolina?

Title 1, Section 1, Part 52 of the North Carolina General Statutes outlines a statute of limitations for personal injury of three years. For medical malpractice, Part 15 of the same statute states that where negligence has been discovered two or more years after the fact, claimants have just one year to file an action.

 

What Is the Personal Injury Statute of Limitations in North Dakota?

North Dakota is one of only two states to have a statute of limitations of six years, as stated in Title 28, Chapter 1, Section 16 of the North Dakota Century Code. Section 18 of the statute adds a caveat for wrongful death cases, which must be pursued within two years.

 

What Is the Personal Injury Statute of Limitations in Ohio?

As stated in Title 23, Chapter 5, Section 10 of the Ohio Revised Code, the statute of limitations for personal injury is two years.

 

What Is the Personal Injury Statute of Limitations in Oklahoma?

Title 12, Chapter 3, Section 95 of the Oklahoma Statutes sets a personal injury statute of limitations of two years.

 

What Is the Personal Injury Statute of Limitations in Oregon?

Oregon’s personal injury statute of limitations is two years, as stated in Volume 1, Title 2, Chapter 12, Section 110 of the Oregon Revised Statutes. The discovery rule applies to medical malpractice, in that action must be pursued within two years from the date the injury was first discovered or reasonably ought to have been discovered.

 

What Is the Personal Injury Statute of Limitations in Pennsylvania?

Title 42, Chapter 55, Subchapter B, Section 5524 of the Pennsylvania Consolidated Statutes outlines that the personal injury statute of limitations is two years.

 

What Is the Personal Injury Statute of Limitations in Rhode Island?

The statute of limitations for personal injury in Rhode Island is three years, as dictated by Title 9, Chapter 1, Section 14 of the Rhode Island General Laws.

 

What Is the Personal Injury Statute of Limitations in South Carolina?

Title 15, Chapter 3, Article 5, Section 30 of the South Carolina Code of Laws sets the statute of limitations for personal injury cases at three years, including medical malpractice (Section 45).

 

What Is the Personal Injury Statute of Limitations in South Dakota?

The statute of limitations for personal injury in South Dakota is three years, as set out in Title 15, Chapter 2, Section 14 of the South Dakota Codified Laws. The exception to this rule is for medical malpractice, which must be actioned within two years.

 

What Is the Personal Injury Statute of Limitations in Tennessee?

Along with Kentucky and Louisiana, Tennessee has the shortest statute of limitations for personal injury cases. According to Title 28, Chapter 3, Section 104 of the Tennessee Code, claimants have one year to pursue action.

 

What Is the Personal Injury Statute of Limitations in Texas?

The statute of limitations for personal injury in Texas is two years, as outlined in Title 2, Chapter 16, Subchapter A, Section 3 of the Civil Practice and Remedies Code.

 

What Is the Personal Injury Statute of Limitations in Utah?

Title 78B, Chapter 2, Part 3, Section 7 of the Utah Code states sets a statute of limitations of four years.

 

What Is the Personal Injury Statute of Limitations in Vermont?

The Vermont Statutes set out the statute of limitations for personal injury claims. As set out by Title 12, Chapter 23, Subchapter 2, Section 512, an injured person has three years to file action. As with many other states, there is an exception for medical malpractice. In Vermont, damages can be sought within three years of the date of injury or two years after it reasonably should have been discovered, whichever is later.

 

What Is the Personal Injury Statute of Limitations in Virginia?

The statute of limitations for personal injury in Virginia is two years, as outlined in Title 8.01, Chapter 4, Section 243 of the Code of Virginia.

 

What Is the Personal Injury Statute of Limitations in Washington?

Title 4, Chapter 16, Section 80 of the Revised Code of Washington states that the personal injury statute of limitations is three years.

 

What Is the Personal Injury Statute of Limitations in West Virginia?

According to Chapter 55, Article 2, Section 12 of the West Virginia Code, the statute of limitations for personal injury is two years.

 

What Is the Personal Injury Statute of Limitations in Wisconsin?

As outlined in Chapter 893, Section 54 of the Wisconsin State Legislature, the personal injury statute of limitations is three years. However, where wrongful death is caused by a motor vehicle accident, the statute of limitations is two years.

 

What Is the Personal Injury Statute of Limitations in Wyoming?

Title 1, Chapter 3, Section 105 of the Wyoming Statutes state that the personal injury statute of limitations is four years.

Click on your state for more details, including situations that might change the filing deadline, and special timelines for claims against the government. Keep in mind that laws like these can always change, and make sure to consult a personal injury attorney for a clear understanding of the deadlines and procedures relating to your potential case.

Why You Should Hire a Personal Injury Lawyer

Knowing the statute of limitations for your personal injury claim is vital if you have a chance of successfully claiming compensation. However, there are always exceptions. Some states, for example, have a “discovery rule” in place, which means that if an injury isn’t discovered until later, you may still be able to claim — even if the traditional statute of limitations has expired.

The individual laws of each state might also change year on year, and there are exceptions, such as if the victim of an accident is a minor or the person responsible for your injuries has moved out of state. Your personal injury lawyer will be able to advise you on the most current version of the law and whether you might have a case.

If you’ve been in an accident in Texas and are looking for a personal injury attorney to take on your case, our dedicated lawyers in McAllen and San Antonio are happy to help. Get in touch today for a no-obligation consultation about your injury and find out how much compensation you could be entitled to.

 

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