Personal Injury Statute of Limitations by State
In the U.S., the statute of limitations for filing a personal injury lawsuit varies from state to state. In this article, we cover the statute of limitations for personal injury for each U.S. state.
Personal Injury Statute of Limitations by State
If you have a personal injury case or another type of claim against someone, you must understand how a statute of limitations may affect your case. Think of a statute of limitations as a timer that starts ticking when your claim arises. If the timer expires before you file a lawsuit, you could lose your right to sue.
The outcome of losing your rights may seem harsh, but there are reasons for it and ways to avoid losing your rights.
The information that follows breaks it all down to give you a better understanding of the statute of limitations.
Key Takeaways
- A statute of limitations is a law that sets a time limit for filing a legal action.
- The amount of time to file a cause of action depends on the type of claim and the state or federal law that applies to a particular legal claim.
- Circumstances in a particular case, such as the age of the plaintiff, who is the party with the legal claim, may toll or pause a statute of limitations.
What is a Statute of Limitations?
A statute of limitations is a time limit created by state or federal law. It specifies the time you have to file a lawsuit. If you let the statute of limitations expire, you may lose your right to recover damages or obtain legal relief.
A statute of limitations aims to promote fairness and ensure that one party in a lawsuit does not obtain an unfair advantage by stalling. For example, if you are injured in a car accident, the driver whose car crashed into you may not know that you hired a personal injury attorney to pursue a personal injury claim. This can put the other driver at a disadvantage.
The amount of time that passes from the date of the accident increases the risk of evidence being lost and memories fading. Your personal injury law firm had a chance to investigate and gather evidence. The other driver, who was unaware of your claim, did not. A statute of limitations with a specified period of time to file a lawsuit promotes fairness.
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Does a Statute of Limitations Apply To Personal Injury Cases?
Personal injury lawsuits with a statute of limitations include the following:
- Medical malpractice.
- Wrongful death.
- Product liability.
- Motor vehicle accidents.
- Property damage claims.
Workers’ compensation and other compensation claims may have a specified time frame to file a claim without losing your rights.
The statute of limitations may be quite different from one state to another. If you are injured in an auto accident, you have five years to sue in Missouri. Florida only gives you two years.
Is There Any Way Around a Statute of Limitations?
Laws creating a statute of limitations usually include exceptions that cause a tolling or pausing of the time. Tolling occurs when the person with a claim is a child.
As a general rule, a statute of limitation begins on the date of the injury. When the injured person is a child, the statute of limitations tolls until the child reaches the age of majority.
When the child becomes an adult and can pursue their legal rights, the statute of limitations begins to run. Some states toll the statute of limitations when a defendant flees the state or intentionally hides to avoid being served in a lawsuit.
The discovery rule is another way around a limitation period. It usually applies in medical malpractice claims because it could take months or even years for patients to discover they were injured. Instead of the time to file a lawsuit beginning on the date of the injury, it starts on the date the injury is discovered.
Tolling because of the discovery rule is subject to a statute of repose. A statute of repose limits how long you have to discover an otherwise hidden injury.
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Personal Injury Statute of Limitations by State
Below is a table presenting the statute of limitations for a personal injury case by state.
|
State |
Years Until Expiration |
|
Alabama |
2 |
|
Alaska |
2 |
|
Arizona |
2 |
|
Arkansas |
3 |
|
California |
2 |
|
Colorado |
2 |
|
Connecticut |
2 after injury discovered/3 after incident occurred |
|
Delaware |
2 |
|
Florida |
2 |
|
Georgia |
2 |
|
Hawaii |
2 |
|
Idaho |
2 |
|
Illinois |
2 |
|
Indiana |
2 |
|
Iowa |
2 |
|
Kansas |
2 |
|
Kentucky |
1 |
|
Louisiana |
1 |
|
Maine |
6 |
|
Maryland |
3 |
|
Massachusetts |
3 |
|
Michigan |
3 |
|
Minnesota |
2 |
|
Mississippi |
3 |
|
Missouri |
5 |
|
Montana |
3 |
|
Nebraska |
4 |
|
Nevada |
2 |
|
New Hampshire |
3 |
|
New Jersey |
2 |
|
New Mexico |
3 |
|
New York |
3 |
|
North Carolina |
3 |
|
North Dakota |
6 |
|
Ohio |
2 |
|
Oklahoma |
2 |
|
Oregon |
2 |
|
Pennsylvania |
2 |
|
Rhode Island |
3 |
|
South Carolina |
3 |
|
South Dakota |
3 |
|
Tennessee |
1 |
|
Texas |
2 |
|
Utah |
4 |
|
Vermont |
3 |
|
Virginia |
2 |
|
Washington |
3 |
|
West Virginia |
2 |
|
Wisconsin |
3 |
|
Wyoming |
4 |