What is the statute of limitations for personal injury?

The statute of limitations for personal injury varies by state, typically ranging from 1-6 years from the date of injury. Most states have a 2-3 year limit, but it depends on your location and type of injury.

What happens if I miss the statute of limitations deadline?

If you miss the deadline, you typically lose your right to sue and recover compensation. Courts will dismiss your case, and you cannot pursue legal action regardless of how strong your case might be.

When does the statute of limitations start?

Generally, it starts on the date of injury or accident. However, for some injuries that appear later, it may start when you discover or reasonably should have discovered the injury (discovery rule).

Statute of Limitations Personal Injury: State-by-State Guide 2025

Critical Warning

Missing your state's statute of limitations deadline typically means you lose your right to compensation forever. Contact an attorney immediately if you're approaching any deadlines.

What is Statute of Limitations?

The statute of limitations is a legal time limit that determines how long you have to file a lawsuit after being injured. Once this deadline passes, you generally cannot pursue legal action, regardless of how strong your case might be.

Statute of Limitations by State

State	Personal Injury	Medical Malpractice	Wrongful Death
California	2 years	3 years/1 year discovery	2 years
Texas	2 years	2 years	2 years
Florida	4 years	2 years	2 years
New York	3 years	2.5 years	2 years
Pennsylvania	2 years	2 years	2 years
Illinois	2 years	2 years	2 years
Ohio	2 years	1 year	2 years
Georgia	2 years	2 years	2 years
North Carolina	3 years	3 years	2 years
Michigan	3 years	2 years	3 years

Note: This table shows general guidelines. Always consult with a local attorney for specific deadlines in your case.

When Does the Clock Start?

Date of Injury Rule (Most Common)

The statute of limitations typically begins on the date the injury occurred or the accident happened.

• Car accidents: Date of collision
• Slip and fall: Date of fall
• Medical malpractice: Date of treatment (in most cases)
• Product liability: Date of injury from defective product

Discovery Rule (Special Cases)

In some cases, the clock starts when you discover or reasonably should have discovered the injury:

• Hidden injuries that appear later
• Medical devices that cause delayed harm
• Occupational diseases (asbestos, toxic exposure)
• Some medical malpractice cases

Continuing Treatment Rule

For medical malpractice, some states don't start the clock until treatment ends, especially if the doctor continues treating the condition they allegedly caused or misdiagnosed.

Important Exceptions and Extensions

Situations That May Extend Deadlines:

• Minor children - Clock may not start until they turn 18
• Mental incapacity - Deadline may be extended if injured party lacks capacity
• Defendant leaves state - Time absent may not count toward deadline
• Fraudulent concealment - If defendant hides their role in injury
• Military service - Active duty may suspend the deadline
• Bankruptcy - Defendant's bankruptcy may pause the clock

Special Rules by Injury Type

Car Accidents

• Usually 2-3 years from accident date
• May vary for government vehicles
• Different rules for no-fault states

Medical Malpractice

• Often shorter than general personal injury
• Discovery rule commonly applies
• May require expert review first

Product Liability

• Usually 2-3 years from injury date
• "Statute of repose" may apply (absolute cutoff)
• Complex for delayed injury cases

Government Claims

• Much shorter deadlines (30 days - 2 years)
• Special notice requirements
• Different procedures required

What Happens If You Miss the Deadline?

Consequences of Missing the Deadline:

• Case dismissed - Court will throw out your lawsuit
• No recovery possible - You cannot get compensation through courts
• Lost negotiating power - Insurance companies know you can't sue
• No exceptions - Very few ways to revive a time-barred claim

Protecting Your Rights

Steps to Protect Your Claim:

1. Know your state's deadline - Find your specific time limit
2. Document the injury date - Keep records of when injury occurred
3. Consult attorney early - Don't wait until the last minute
4. Preserve evidence - Collect and maintain proof of injury
5. File early if possible - Don't rely on extensions or exceptions

Common Mistakes to Avoid

Don't make these costly errors:

• Relying on insurance negotiations - Settlement talks don't stop the clock
• Assuming you have more time - Discovery rule doesn't always apply
• Waiting for injuries to fully heal - You can file before treatment is complete
• Not consulting a lawyer - Attorneys can identify exceptions you might miss
• Focusing only on your state - Multi-state accidents may have different rules

When to Contact an Attorney

Contact a personal injury attorney immediately if:

• You're within 1 year of your state's deadline
• You're unsure when your statute of limitations started
• You have a complex case with multiple defendants
• Your injury was discovered months or years after the incident
• Government entities or agencies are involved
• You're dealing with medical malpractice or product liability

Statute of Limitations Personal Injury: State-by-State Guide