The statute of limitations is a crucial concept in personal injury law, often determining whether you can pursue a successful claim or will have your case dismissed altogether. A statute of limitations, as defined by Cornell Law School, is a “law that bars claims after a certain period of time passes after an injury.” These time limits vary from state to state and depend on the type of personal injury claim brought forth. In this article, we will explore the purpose of a statute of limitations, provide a state-by-state breakdown of the statutes, and address common exceptions to these laws.

The Purpose of a Statute of Limitations

In understanding the nuances of the statutes of limitations in each state, it is first important to understand what the purpose of them is. At its core, a statute of limitations ensures that lawsuits are filed within a reasonable period of time after an injury occurs to promote fairness and efficacy in legal proceedings.

  • Evidence Preservation: One key reason why statutes of limitations exist is to preserve the integrity of evidence in a case. Over time, the reliability of evidence can deteriorate, become lost, or become more difficult to verify. Witnesses may begin to forget critical details of the accident, the quality of physical evidence may start to degrade, and the accuracy of records can diminish. By imposing strict time limits for filing claims, statutes of limitations help ensure that the evidence presented in court is as reliable, fresh, and accurate as possible.
  • Provide Closure for Involved Parties: Another key reason why time limits are enforced is to provide closure for all parties involved. For the plaintiff, a statute of limitations encourages prompt action to resolve their claim and recover compensation. For the defendant, it can provide a layer of protection from the looming threat of indefinite legal action, allowing them to move forward without the constant worry of lawsuits surfacing years later. 

On the whole, statutes of limitations prevent abuse of the legal system and ensure that disputes are resolved with the most accurate information and within a timely manner.

What is the Personal Injury Statute of Limitations in Each State?

The table below shows a breakdown of the statute of limitations for personal injury claims in every U.S. state.

State Timeframe  Statute 
Alabama 2 Years Ala. Stat. § 6-2-38
Alaska 2 Years Stat. § 09.10.070(a)
Arizona 2 Years A.R.S. § 12-542
Arkansas 3 Years A.C.A. § 16-116- 103
California 2 Years Cal. Civ. Proc. Code § 335.1
Colorado 2 Years C.R.S. § 13-80-102
Connecticut 2 Years C.G.S.A. § 52-584
Deleware 2 Years (3 Years if not discoverable in 2 Years) 10 Del. C. § 8119
District of Columbia 3 Years D.C. Code § 12-301
Florida 2 Years* (For causes of action accruing after March 24, 2023 (HB 837)) F.S.A. § 95.11(4)(a)
Georgia 2 Years O.C.G.A. § 9-3-33
Hawaii 2 Years Haw. Rev. Stat. § 657-7
Idaho 2 Years Idaho Code § 5- 219(4)
Illinois 2 Years 735 I.L.C.S. § 5/13- 202
Indiana 2 Years I.C. § 34-11-2-4
Iowa 2 Years I.C.A. § 614.1(2)
Kansas 2 Years K.S.A. § 60-513
Kentucky 1 Year K.R.S. § 413.140(1)(a)
Lousiana 1 Year L.S.A.-C.C. Art § 3492
Maine 6 Years (Unless Exception Applies). 14 M.R.S.A. § 752
Maryland 3 Years Md. Cts. & Jud. Proc. Code § 5-101
Massachusetts 3 Years Mass. Ann. Laws Ch. 260 §§ 2A and 4
Michigan 3 Years M.C.L.A. § 600.5805(10)
Minnesota 2 Years M.S.A. § 541.07
Mississippi 3 Years M.C.A. § 15-1-49
Missouri 5 Years Mo. Rev. Stat. § 516.120(4)
Montana 3 Years Mont. Stat. § 27-2- 204
Nebraska 4 Years Neb. Rev. Stat. § 25-207
Nevada 2 Years N.R.S. § 11.190
New Hampshire 3 Years N.H. Rev. Stat. Ann. § 508:4(I)
New Jersey 2 Years N.J.S.A. § 2A:14-2
New Mexico 3 Years N.M.S.A. § 37-1-8
New York 3 Years N.Y. C.P.L.R. § 214
North Carolina 3 Years N.C.G.S.A. § 1- 52(1)-(5)
North Dakota 6 Years N.D.C.C. § 28-01- 16(5)
Ohio 2 Years O.R.C.A. § 2305.10(A)
Oklahoma 2 Years Okla. Stat. Ann. Tit. 12, § 95
Oregon 2 Years O.R.S. § 12.110(1)
Pennsylvania 2 Years 42 P.S. § 5524
Rhode Island 3 Years R.I.G.L. § 9-1-14 (b)
South Carolina 3 Years S.C. Code Ann. §§ 15-3-530, 15-3- 535, 15-3-545
South Dakota 3 Years S.D.C.L. § 15-2- 14(3)
Tennessee 1 Year T.C.A. § 28-3-104
Texas 2 Years Tex. Civ. Prac. & Rem. Code Ann. § 16.003
Utah 4 Years U.C.A. § 78B-2- 307(3)
Vermont 3 Years Vt. Stat. Ann. Tit. 12, § 512(4)
Virginia 2 Years Va. St. § 8.01- 243(A)
Washington Intentional Acts: 2 Years R.C.W.A. § 4.16.100
West Virginia 2 Years W. Va. Code § 55- 2-12
Wisconsin Non-Auto Bodily Injury: 3 Years (auto and non-auto) Wis. Stat. § 893.54(1m)
Wyoming Personal Injury: 4 Years Wyo. Stat. § 1-3- 105(a)(iv)(C)

 

The majority of states in the U.S. have a two-year filing window for personal injury claims.  

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Exceptions to Personal Injury Statutes of Limitations

It is important to know that some states have exceptions when it comes to the statute of limitations for specific types of personal injury cases. Most notably, some states have different statutes of limitations for medical malpractice and motor vehicle accident claims, as these cases can be more complex and nuanced. 

States with a different statute of limitations for medical malpractice cases:

  • Two Years:
    • Arkansas
    • Florida
    • Mississippi
    • Missouri
    • New York
    • North Dakota
    • South Dakota
    • Utah
    • Nebraska – two years from injury date OR one year from date injury was discovered
    • Michigan – two years OR six months M.C.L.A. §§ 600.5805(6), 600.5838
    • Wyoming – two years, unless discovery is made in the second year, then extended by six months
  • Three years:
    • Maine
    • Vermont – the later of three years from the incident or two years from the discovery of the injury
    • Washington – the later of three years from the date of the act or one year from the discovery of the injury
  • Four years:
    • Ohio – one year
    • Minnesota – four years
    • Maryland – the earlier of five years after the injury date or three years after the injury is discovered
    • Illinois – statutes may vary as defined in 735 I.L.C.S. § 5/13-212

States with a separate statute of limitations for motor vehicle accident cases:

  • Michigan – one year
  • Kentucky – two years
  • Wisconsin – two years
  • Hawaii – (1) Two years after the last insurance payment or (2) Two years after the date of the last workers’ compensation benefit payment
  • Colorado – three years

Understanding the statutes of limitations for personal injury claims is important for anyone seeking justice after an accident. Prompt legal action is necessary in order to recover the compensation you may be entitled to.