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Personal Injury Statute of Limitations by State (2026)

Deadlines · All 50 states + DC

By Pablo Hernández · not a lawyer · Last checked against the sources:

Short answer: in most states you have two or three years (42 of the 51 jurisdictions) to file a personal injury lawsuit after an accident. The shortest deadline is one year, in Kentucky and Tennessee, although both allow longer in some car crash cases; the longest is six years, in Maine, Minnesota and North Dakota. The clock usually starts on the day of the injury. Claims against a government body have much shorter notice deadlines, often months.

A statute of limitations is the deadline to file a lawsuit in court. It is not the deadline to call an insurer. In general, talks with an insurer do not pause it (a few no-fault states, such as Kentucky and Hawaii, start the car crash clock from the last no-fault payment; see the table). If the deadline passes, the court will almost always dismiss the case, however strong it is.

The table below gives the general deadline for a negligence injury claim, such as a car crash, in every state and DC. Each row links to the statute itself. Last checked: October 17, 2026.

Personal injury deadline by state


StateDeadlineStatute
Alabama2 yearsAla. Code § 6-2-38(l)
Alaska2 yearsAlaska Stat. § 09.10.070(a)
Arizona2 yearsA.R.S. § 12-542(1)
Arkansas3 yearsArk. Code § 16-56-105
California2 yearsCal. Code Civ. Proc. § 335.1
Colorado2 yearsC.R.S. § 13-80-102(1)(a)
3 years for motor vehicle accidents, C.R.S. § 13-80-101(1)(n)
Connecticut2 yearsConn. Gen. Stat. § 52-584
Delaware2 years10 Del. C. § 8119
District of Columbia3 yearsD.C. Code § 12-301(a)(8)
Florida2 yearsFla. Stat. § 95.11(4)(a)
4 years for negligence causes of action that accrued on or before March 24, 2023 (ch. 2023-15, § 28)
Georgia2 yearsO.C.G.A. § 9-3-33
Hawaii2 yearsHaw. Rev. Stat. § 657-7
Motor vehicle accidents: 2 years from the accident or from the last no-fault/PIP or workers' comp payment, whichever is later, Haw. Rev. Stat. § 431:10C-315(b)
Idaho2 yearsIdaho Code § 5-219(4)
Illinois2 years735 ILCS 5/13-202
Indiana2 yearsInd. Code § 34-11-2-4(a)
Iowa2 yearsIowa Code § 614.1(2)
Kansas2 yearsK.S.A. § 60-513(a)(4)
Kentucky1 yearKRS § 413.140(1)(a)
2 years for motor vehicle accidents covered by the MVRA: from the injury, death or last no-fault payment, whichever is later, KRS § 304.39-230(6)
Louisiana2 yearsLa. Civ. Code art. 3493.1
1 year for claims that arose on or before July 1, 2024 (former art. 3492)
Maine6 years14 M.R.S. § 752
Maryland3 yearsMd. Code, Cts. & Jud. Proc. § 5-101
Massachusetts3 yearsMass. Gen. Laws ch. 260, § 2A
Michigan3 yearsMCL § 600.5805(2)
Minnesota6 yearsMinn. Stat. § 541.05, subd. 1(5)
Mississippi3 yearsMiss. Code § 15-1-49(1)
Missouri5 yearsMo. Rev. Stat. § 516.120(4)
Montana3 yearsMont. Code § 27-2-204(1)
Nebraska4 yearsNeb. Rev. Stat. § 25-207(3)
Nevada2 yearsNRS § 11.190(4)(e)
New Hampshire3 yearsRSA § 508:4(I)
Discovery rule: if the injury and its cause could not reasonably be discovered, 3 years run from discovery
New Jersey2 yearsN.J.S.A. § 2A:14-2(a)
New Mexico3 yearsNMSA § 37-1-8
New York3 yearsN.Y. CPLR § 214(5)
Car crashes are no-fault (Ins. Law art. 51) cases: suing for pain and suffering requires a 'serious injury' (Ins. Law § 5102(d), § 5104), narrowed for actions filed on/after 2026-05-26
North Carolina3 yearsN.C. Gen. Stat. § 1-52(16) (also § 1-52(5))
§ 1-52(16) also has a 10-year repose from the defendant's last act
North Dakota6 yearsN.D. Cent. Code § 28-01-16(5)
Wrongful death: 2 years (§ 28-01-18(4))
Ohio2 yearsOhio Rev. Code § 2305.10(A)
Oklahoma2 years12 Okla. Stat. § 95(A)(3)
Oregon2 yearsORS § 12.110(1)
Pennsylvania2 years42 Pa.C.S. § 5524(2), (7)
Rhode Island3 yearsR.I. Gen. Laws § 9-1-14(b)
South Carolina3 yearsS.C. Code § 15-3-530(5)
South Dakota3 yearsSDCL § 15-2-14(3)
Tennessee1 yearTenn. Code § 28-3-104(a)(1)(A)
2 years under § 28-3-104(a)(2) when criminal charges are brought against the at-fault person for the conduct (courts have counted traffic citations) and the injured person sues that person
Texas2 yearsTex. Civ. Prac. & Rem. Code § 16.003(a)
Utah4 yearsUtah Code § 78B-2-307(4)
Vermont3 years12 V.S.A. § 512(4)
Discovery rule: accrues on discovery of the injury
Virginia2 yearsVa. Code § 8.01-243(A)
Washington3 yearsRCW § 4.16.080(2)
West Virginia2 yearsW. Va. Code § 55-2-12(b)
Wisconsin3 yearsWis. Stat. § 893.54(1m)(a)
Wrongful death from a motor-vehicle accident: 2 years (§ 893.54(2m))
Wyoming4 yearsWyo. Stat. § 1-3-105(a)(iv)(C)

In numbers: 25 jurisdictions give 2 years, 17 give 3, three give 4 (Nebraska, Utah, Wyoming), Missouri gives 5, and Maine, Minnesota and North Dakota give 6. Kentucky and Tennessee give 1.

Recent changes

Two states changed their deadline recently, and many pages online have not caught up:

  • Florida (2023). House Bill 837 cut the deadline for negligence claims from four years to two, for causes of action that accrue after March 24, 2023 (chapter 2023-15, section 28). Claims that accrued on or before that date keep four years.
  • Louisiana (2024). Act 423 created a two-year deadline in Civil Code article 3493.1 for claims arising after July 1, 2024, and repealed the old one-year rule in article 3492. Before that, Louisiana shared the shortest deadline in the country.

When the clock starts

For a car crash, the clock normally starts on the day of the crash. That is the day the injury happened, and you knew about it.

Some injuries are not obvious at first. Many states apply a discovery rule: the clock starts when you knew, or reasonably should have known, that you were injured and what caused it. Courts apply it narrowly in crash cases, because the injury is usually clear from day one. Don’t count on it.

Exceptions that change the deadline

  • Government defendants. If a city bus, a police car or a badly kept public road was involved, most states require a formal notice of claim first, often within months: 90 days in New York (General Municipal Law § 50-e), six months in California. California’s rule is in Government Code § 911.2. Federal vehicles fall under the Federal Tort Claims Act: two years to file an administrative claim, then six months to sue after the agency denies it, under 28 U.S.C. § 2401(b).
  • Minors. In most states the clock for a child’s own injury claim is paused (tolled) until the child turns 18. The rules vary, and a parent’s own claim for medical bills can run on the normal clock.
  • Wrongful death. A claim by family members after a fatal crash usually has its own statute, and the clock often starts at the date of death. See the wrongful death deadline in every state.
  • Property damage. The deadline for damage to your car is often different from the injury deadline, sometimes longer.
  • Defendant out of state. Some states pause the clock while the defendant is absent from the state. Many have limited or abolished this rule for drivers, since out-of-state drivers can be served through the state.
  • Medical malpractice. If the injury came from treatment after the crash, malpractice deadlines apply, and they are often shorter or have a hard outer limit.
If your deadline is close

Filing a lawsuit is what stops the clock. A letter to the insurer, a claim number or a settlement offer does not. If you are within a few months of the deadline, speak to a licensed attorney in the state where the crash happened now.

How this table was checked

Each row was read in the state’s own code: the official legislature site where it could be opened, otherwise a free legal library copy of the code (FindLaw, Justia or public.law), which is the copy the row links to. An independent second check then went row by row, with one instruction: find errors. The deadline in the table is the general one for negligence injury claims. When a state has a different rule for car accidents, the row says so.

Laws change. If you find a row that is out of date, send the link to the new law and it will be corrected and logged.

Related guides

General information, not legal advice. Deadlines have exceptions that depend on the facts; check the statute or ask a licensed attorney in your state.