Personal Injury Statute of Limitations: 50-State Reference Guide

Understanding Statute of Limitations

The statute of limitations is the deadline by which a personal injury lawsuit must be filed. Missing this deadline typically results in losing the right to pursue compensation, regardless of case merit.

General Timeframes

• Most common: 2-3 years from date of injury
• Range: 1-6 years depending on state
• Special cases: Different rules may apply for minors, government entities, medical malpractice

50-State Quick Reference

Important Exceptions and Tolling Provisions

Discovery Rule

Many states allow the statute of limitations to begin when the injury is discovered rather than when it occurred. This commonly applies to:

• Latent injuries (asbestos, toxic exposure)
• Medical malpractice with delayed discovery
• Fraud or concealment cases

Tolling for Minors

Most states toll (pause) the statute of limitations for minors until they reach age 18, then the clock starts.

Government Entity Claims

Claims against government entities often have much shorter deadlines (30 days to 6 months for notice requirements).

Defendant Absence

If the defendant leaves the state, some jurisdictions toll the statute of limitations during their absence.

Best Practices

1. Calculate immediately: Determine the deadline as soon as you learn of a potential case
2. Add buffer time: Don't wait until the last minute; aim to file 60-90 days before deadline
3. Document calculation: Record how you calculated the deadline and any tolling factors
4. Set calendar reminders: Multiple reminders at 6 months, 3 months, 1 month, and 2 weeks before deadline
5. Research exceptions: Always check for special rules that might apply to your case

When in Doubt

If you're uncertain about the applicable statute of limitations:

• Consult your state's statutes directly
• Research recent case law for interpretations
• Consider filing earlier rather than risking dismissal
• Consult with experienced colleagues in your jurisdiction

Last updated: February 2026. Always verify current law as statutes may change.