Personal Injury Statute of Limitations by State (2026 Guide)

If you were injured due to someone else’s negligence, you have the right to sue for compensation — but only if you file within a specific time window called the statute of limitations. Miss it, and your case is gone forever, regardless of how strong it is.

Here’s what every injury victim needs to know about filing deadlines in 2026.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In personal injury cases, the clock usually starts on the date of the injury — though there are important exceptions.

Personal Injury Deadlines by State (2026)

State	Deadline	Notes
Alabama	2 years	From date of injury
Alaska	2 years
Arizona	2 years
Arkansas	3 years
California	2 years	Discovery rule applies
Colorado	2 years
Connecticut	2 years
Delaware	2 years
Florida	2 years	Reduced from 4 years in 2023
Georgia	2 years
Hawaii	2 years
Idaho	2 years
Illinois	2 years
Indiana	2 years
Iowa	2 years
Kansas	2 years
Kentucky	1 year	One of the shortest deadlines
Louisiana	1 year	Prescriptive period
Maine	6 years	Longest standard deadline
Maryland	3 years
Massachusetts	3 years
Michigan	3 years
Minnesota	2 years
Mississippi	3 years
Missouri	5 years
Montana	3 years
Nebraska	4 years
Nevada	2 years
New Hampshire	3 years
New Jersey	2 years
New Mexico	3 years
New York	3 years
North Carolina	3 years
North Dakota	6 years
Ohio	2 years
Oklahoma	2 years
Oregon	2 years
Pennsylvania	2 years
Rhode Island	3 years
South Carolina	3 years
South Dakota	3 years
Tennessee	1 year
Texas	2 years
Utah	4 years
Vermont	3 years
Virginia	2 years
Washington	3 years
West Virginia	2 years
Wisconsin	3 years
Wyoming	4 years

Important Exceptions That Can Extend Your Deadline

The Discovery Rule

In some states, the clock doesn’t start until you discovered (or reasonably should have discovered) the injury. This matters most in medical malpractice cases where harm isn’t immediately obvious.

Injuries to Minors

Most states toll (pause) the statute of limitations until a minor turns 18. A child injured in an accident at age 10 in a 2-year deadline state may have until age 20 to file.

Claims Against Government Entities

If your injury was caused by a government agency, city, or public employee, deadlines are much shorter — often 6 months or less — and you must file a formal notice of claim first. Missing this notice deadline can bar your case entirely.

Defendant’s Absence from the State

If the at-fault party leaves the state after your injury, many states will toll the deadline for the time they’re absent.

Why You Shouldn’t Wait Until the Last Minute

Even if you have two or three years, waiting is a mistake for several practical reasons:

• Evidence disappears. Surveillance footage gets overwritten, accident scenes change, and witnesses forget details.
• Witnesses become harder to locate. People move, change jobs, and become difficult to track down.
• Medical records are harder to obtain. The longer you wait, the harder it is to reconstruct a clear picture of your injuries.
• Insurance companies use delays against you. A long wait can be framed as evidence that you weren’t seriously injured.

Experienced PI attorneys recommend contacting a lawyer as soon as possible after an injury — ideally within days or weeks, not months or years.