How Long Do I Have to File a Personal Injury Claim? (Statute of Limitations by State)

The single deadline that can destroy your case

Every personal injury claim has a hard deadline called the statute of limitations. Miss it, and your case is gone — no matter how badly you were hurt or how obviously the other side was at fault. Courts do not care that you didn't know about the deadline. They will simply dismiss the case.

The good news is that most states give you at least two years, and often more. The bad news is that the clock starts ticking the day of the accident, and the deadline is not the day you file — it is the day the complaint has to be filed and served. Waiting until the last month is a recipe for problems.

The typical range: 1 to 6 years

For most personal injury claims — car accidents, slip and falls, dog bites, general negligence — states set the limit somewhere between one and six years. A rough summary of common ranges:

• One year: Kentucky, Louisiana, Tennessee (and a handful of other short-limit jurisdictions)
• Two years: California, Texas, Illinois, Ohio, Pennsylvania, Georgia, and many others
• Three years: New York, Massachusetts, Washington, Maryland, and others
• Four years: Florida (for accidents after March 2023; older accidents may still have four years — check with an attorney), Nebraska, Wyoming
• Five to six years: Missouri, Nebraska (some claims), Maine, North Dakota

Special deadlines that are even shorter

Certain kinds of claims have much shorter deadlines than the general personal injury limit. If any of these apply to you, do not wait a single day longer than necessary to talk to an attorney.

• Claims against government entities (city, county, state) — often require a written notice within 60 to 180 days
• Medical malpractice — often shorter than general injury, sometimes with additional pre-suit requirements
• Wrongful death — usually one to three years from the date of death, not the date of the incident
• Product liability — often follows the general limit but can be tied to when the defect was discovered

When does the clock actually start?

For most car accidents and simple injuries, the clock starts on the date of the accident. But two important doctrines can shift that date.

The discovery rule

In cases where the injury wasn't obvious right away — a surgical instrument left in your body, exposure to a toxic substance, a delayed cancer diagnosis — many states start the clock when you knew or reasonably should have known you were injured. This is called the discovery rule and it is a lifeline in medical malpractice and product-defect cases.

Tolling for minors and disability

If the injured person is a minor, most states pause (or 'toll') the statute of limitations until they turn 18. So a child injured at age 10 in a state with a two-year limit typically has until age 20 to file. Similar tolling applies for people who are legally incapacitated.

Why waiting hurts even before the deadline

Even when you have plenty of time, waiting is the enemy of a strong case. Evidence disappears. Skid marks fade. Surveillance video gets overwritten in 30, 60, or 90 days. Witnesses move, forget, or become impossible to find. Damaged vehicles are repaired or scrapped. Your medical records need to be gathered and put in order.

The best personal injury cases are built quickly, while the evidence is fresh and everyone remembers what happened. The best time to call an attorney is within days of the accident.

Find your state's exact deadline

Because deadlines vary and exceptions matter, the only safe way to know your exact deadline is to speak with a licensed attorney in your state. It costs nothing. OwlAdvocate matches you with a personal injury attorney near you in minutes — tell us what happened and we'll connect you with someone who can protect your rights before the clock runs out.