Personal Injury Statute of Limitations by State: 2025 Complete Reference

Of all the rules in personal injury law, the statute of limitations is the one that produces the most irreversible harm when overlooked. Miss your state's filing deadline by even one day, and you almost certainly lose your right to sue forever — regardless of how clear the defendant's negligence was, regardless of how serious your injuries are, and regardless of how much compensation you deserve. Courts have no discretion on this; they are required to dismiss late-filed cases.

This guide provides a complete state-by-state reference table for general personal injury statutes of limitations, explains the important exceptions that can extend or modify those deadlines, and covers the special rules that apply to claims against government entities. Use this as a reference — but always confirm your specific deadline with a licensed personal injury attorney in your state, because the facts of your case, the type of claim, and any applicable exceptions can change the calculation significantly.

Complete Statute of Limitations Table — All 50 States

Color key: Short (1–2 years) Standard (2–3 years) Long (4+ years)

Key Exceptions That Can Modify Your Deadline

The table above shows baseline deadlines, but several legal doctrines can change when the clock starts, pause it while it runs, or extend it beyond the baseline period. Understanding these exceptions is critical — they may mean you still have time to file a claim you thought had expired, or they may mean your deadline is earlier than the general rule suggests.

The Discovery Rule

In most states, the statute of limitations begins to run on the date of the injury — the date of the accident, the date of the negligent act. But in some situations, the plaintiff could not reasonably have known they were injured, or could not reasonably have known what caused their injury, until a later date. The discovery rule delays the start of the limitations period until the plaintiff actually discovered — or reasonably should have discovered — both the fact of injury and its causal connection to the defendant's conduct.

The discovery rule is most commonly applied in:

• Medical malpractice cases where the harm from a surgical error or misdiagnosis was not apparent until months or years later
• Toxic exposure cases where the causal relationship between exposure and illness may take years to manifest and diagnose
• Cases involving latent product defects that cause injury long after purchase and use
• Fraud cases where the defendant's concealment prevented earlier discovery

Minority Tolling

Most states toll (pause) the statute of limitations while the injured person is a minor — typically defined as under age 18. The clock does not begin to run until the minor reaches the age of majority. A child injured at age 8 may have until age 20 or 21 to file suit. However:

• Parents can file a claim on behalf of a minor child before the child reaches majority, and in some cases this is advisable to preserve evidence and obtain earlier compensation
• Some states impose a maximum tolling period regardless of the child's age at injury
• Government claim notice requirements may still apply during minority in some states, potentially requiring the parents to file the government claim notice within the standard short period

Mental Incapacity

When the injured person was legally incompetent at the time of the injury — due to mental illness, intellectual disability, or other incapacity — most states toll the statute of limitations until competency is restored. The rationale is identical to minor tolling: a person who cannot understand or exercise their legal rights should not have those rights extinguished by a deadline they could not reasonably have known about.

Absence of the Defendant from the State

In some states, the statute of limitations is tolled during any period when the defendant is absent from the state and could not be served with process. This exception is less commonly invoked than others but may be relevant in cases involving out-of-state defendants.

Fraudulent Concealment

If the defendant actively concealed their negligence or the existence of a claim — for example, destroying medical records after a malpractice incident, or misrepresenting the cause of a product failure — the limitations period may be tolled for the period of concealment. Courts are generally reluctant to allow defendants to benefit from their own fraudulent conduct by hiding a claim until the limitations period expires.

Government Claims: The Shorter, Harder Deadlines

If your claim is against a government entity — a city, county, state, or federal agency — you face not just a different (and often shorter) statute of limitations but also mandatory pre-lawsuit administrative notice requirements that must be satisfied before you can file suit. These notice requirements are jurisdictional — failing to comply typically bars any subsequent lawsuit regardless of the merits.

California Government Claims Act

Claims against California state or local government entities must be filed with the relevant government agency within 6 months of the date of injury for personal injury and property damage claims (1 year for claims arising from death). The agency has 45 days to respond. If the claim is rejected, the plaintiff then has 6 months from the rejection date to file suit.

New York Government Notice of Claim

Claims against New York state or local government entities require a Notice of Claim filed within 90 days of the incident. This is an absolute deadline with very limited exceptions. Missing the 90-day notice deadline bars your claim against the government entity even if the general statute of limitations has not expired.

Texas Government Claims

Claims against Texas governmental units require written notice within 6 months of the incident, with specific statutory requirements for what the notice must contain. Claims against the state itself have additional procedural requirements.

Federal Government Claims: The Federal Tort Claims Act

Claims against the federal government must be filed with the relevant federal agency within 2 years of the date the claim accrues. The agency has 6 months to investigate and respond. If the agency denies the claim or does not respond within 6 months, the claimant then has 6 months to file suit in federal district court. The FTCA has specific procedures and limitations that differ from state law claims.

Why You Should Never Wait Until the Deadline Is Near

The statute of limitations is an absolute deadline — but treating it as a target date rather than an outer boundary is a serious mistake. Evidence disappears over time: witnesses' memories fade, surveillance footage is overwritten, physical evidence is lost or destroyed, and records become harder to locate. A personal injury case investigated while evidence is fresh is always stronger than one assembled years later.

Additionally, attorneys need time to properly investigate and build your case before filing. Filing a lawsuit requires a completed investigation, organized evidence, and often expert reports. Bringing your case to an attorney six months before your deadline gives them time to do this work properly. Bringing it two weeks before the deadline — as some victims do when they realize time is running out — may result in a rushed filing that compromises the quality of your case.

→ See: How Long Do I Have to File a Personal Injury Lawsuit?
→ See: Missed the Deadline to File Your Injury Claim? Your Options
→ See: Personal Injury Lawsuit Process: Full Timeline

Frequently Asked Questions