Personal Injury Statute of Limitations by State

What is the statute of limitations?

The statute of limitations is the deadline by which you must file a lawsuit for a personal injury claim. If you miss this deadline, your claim is permanently barred — no matter how strong your case is. The clock typically starts running on the date of the accident or injury.

Statute of limitations by state

Most states have a 2 or 3 year statute of limitations for personal injury claims. States with a 2-year limit include California, New York, Texas, Florida, and many others. States with a 3-year limit include Connecticut, Massachusetts, and New Jersey. Louisiana has a 1-year limit — the shortest in the nation. North Dakota has a 6-year limit — the longest.

Important exceptions

The discovery rule delays the start of the limitations period until you knew or reasonably should have known about your injury. The minority rule tolls the statute of limitations for minors until they reach the age of majority. Claims against government entities typically have much shorter notice requirements — often 30 to 180 days.

Why you should not wait

Even if you have years before the deadline, waiting hurts your case. Evidence disappears, witnesses forget details, and medical records become harder to obtain. Consult an attorney as soon as possible after an injury.