If you’ve been injured in an accident, you don’t have unlimited time to file a claim. Every state enforces a deadline called the statute of limitations, which determines how long you have to sue for personal injury.
In this guide, you’ll learn what the statute of limitations for personal injury claims by state really means, how it affects your case, and what deadlines apply where you live.
What Is the Statute of Limitations?
The law sets a deadline — called the statute of limitations — for how long you have to file a personal injury lawsuit. If you miss the deadline, you lose the right to sue. — even if your claim is valid.
For personal injury cases, In most cases, the deadline begins on the date you were injured or discovered the harm.
Why It Matters
Missing the deadline can ruin your case, no matter how strong it is. Filing too late means the court will likely dismiss your claim without reviewing the facts.
That’s why knowing your state’s specific time limit is essential.
Standard Statutes of Limitations by State
Here are the general time limits for personal injury lawsuits across the U.S. (as of 2025):
| State | Time Limit |
|---|---|
| California | 2 years |
| Texas | 2 years |
| New York | 3 years |
| Florida | 2 years |
| Illinois | 2 years |
| Arizona | 2 years |
| Georgia | 2 years |
| Pennsylvania | 2 years |
| Michigan | 3 years |
| Ohio | 2 years |
Always confirm with a legal professional or your state’s current statutes. Some exceptions or changes may apply.
When Does the Clock Start?
In most states, the statute begins the day of the accident or injury. However, there are exceptions:
- Discovery rule: If the injury isn’t immediately obvious, the deadline may start when it’s discovered (common in medical malpractice).
- Minor victims: In many cases, the clock doesn’t start until they turn 18.
- Government claims: Lawsuits against public agencies may have shorter deadlines (as little as 6 months).
Knowing when your time starts is just as important as the deadline itself.
Can the Deadline Be Extended?
Sometimes — but only under specific conditions. Possible extensions may apply if:
- The injured person is mentally incapacitated
- The defendant leaves the state
- The injury was hidden or deliberately concealed
- The victim is under 18 years old
Legal systems refer to these exceptions as tolling provisions, and they vary by jurisdiction.
What Happens If You Miss the Deadline?
If you file after the statute expires:
- The court will likely reject your case
- The law won’t require the defendant to respond
- Insurance companies won’t negotiate
Even strong evidence can’t override a missed deadline. That’s why acting early is critical.
Final Thoughts on Statutes of Limitations for Personal Injury
Understanding what the statute of limitations for personal injury claims by state is helps you protect your legal rights. Whether it’s two years or three, waiting too long can cost you everything — even with a legitimate case.
Don’t risk missing the deadline. Confirm your state’s rules and speak to a personal injury attorney if you’re unsure.
For updated legal deadlines, visit Nolo’s Statute of Limitations Directory.
🧠 You May Wanna Check Out
- How to File a Personal Injury Claim: A Beginner’s Guide
- Common Mistakes That Can Ruin Your Injury Case
- Understanding Pain and Suffering in Injury Settlements
Frequently Asked Questions
What if I didn’t know I was injured right away?
Some states allow extra time under the discovery rule. You may have more time if you discovered the injury later, not when it happened.
Can I still file a claim after the deadline?
Usually not. Courts almost always dismiss late filings, no matter how severe the injury.
Do I need a lawyer to understand my time limit?
It’s recommended. A lawyer can confirm which statute applies and ensure you don’t miss critical deadlines.
