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Personal Injury Statute of Limitations by State
When you’re facing the aftermath of an accident that has left you or a loved one injured, understanding your state’s personal injury statute of limitations is vital. Each state sets its own timeline for when you must file a lawsuit to obtain compensation for your injuries, and missing this crucial deadline can bar your right to seek compensation forever.
As you navigate through these often complex matters, it’s important to work with a knowledgeable personal injury lawyer who can provide you with the guidance needed to protect your rights. The statute of limitations in each state can vary, typically ranging from one to six years, and may differ depending on the type of claim you intend to file.
By moving quickly after an accident has occurred and understanding how the different deadlines work, you safeguard your opportunity for justice and compensation.
Rosenfeld Injury Lawyers is here to help with any type of personal injury matter and ensure your claim is filed within the statute of limitations applicable to your case and state.
What Is the Personal Injury Statute of Limitations?
A personal injury statute of limitations is a law that sets a time limit for filing a lawsuit after an incident occurs. It’s a critical concept in personal injury cases, as it determines how long you have to seek compensation for your injuries.
Personal Injury Statute of Limitations by State
Each state has its own statute of limitations for personal injury claims, ranging from one to six years. The state statute of limitations applies to most personal injury cases, including car accidents, slip and fall incidents, and more.
Some states have separate statutes of limitations for different types of personal injury cases, such as medical malpractice.
Below is a breakdown of the personal injury statute of limitations by state, including general deadlines, damage caps, discovery rules, and other exceptions.
| State | General Deadline | Damage Caps | Code | Discovery Rule | Other Exceptions |
|---|---|---|---|---|---|
| Alabama | 2 years | Punitive damages are capped at 3x the compensatory damages, up to $1.5 million. Claims against small businesses are capped at the lesser of $50,000 or 10% of their net worth. Claims against municipalities are capped at $100,000 per victim and $300,000 per accident. | Ala. Code § 6-2-38 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor or Mentally Insane: An individual who was under the age of 19 or declared mentally insane at the time of injury has two years to file a civil lawsuit once the disability period ends. However, no claims can be filed after twenty years from the date of the accident, no matter what the circumstances are. Defendant Absent: When the defendant is absent from Alabama, the statute of limitations pauses and only resumes once they return to the state. Government Entities: For claims against a municipality, you must file a formal claim within six months from the date of injury to meet legal requirements. |
| Alaska | 2 years | Non-economic damages are capped at the greater of $400,000 or the victim’s remaining life expectancy multiplied by $8,000. Except in cases involving severe permanent physical impairment or severe disfigurement, the cap increases to the greater of $1,000,000 or the victim’s remaining life expectancy multiplied by $25,000. Punitive damages are generally capped at the greater of 3x compensatory damages or $500,000. | Alaska Statutes § 9.10.070 | A claim accrues when the plaintiff has information which is sufficient to alert a reasonable person to begin an inquiry to protect his rights. | Legal Disability: For a person who is legally disabled, such as a minor or someone with mental illness or disability, the statute limitation period starts once the legal disability ends. Party Who Injured You Is Out of State: If the party responsible for your injury leaves Alaska or goes into hiding within the state, the statute of limitations clock pauses during their absence, delaying its start until they return or can be located. |
| Arizona | 2 years | None | Ariz. Rev. Stat. § 12-542 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor or Disability: If a child or someone of unsound mind is injured, the statute of limitations for filing a lawsuit does not begin until the child reaches 18 years of age or the person regains a sound mind. Government Entities: In Arizona, claims against public entities or employees follow different rules: a notice of claim must be filed within 180 days from when the claimant becomes aware of the damage and its cause. Any lawsuits must be initiated within one year after the cause of action accrues. Party Who Injured You Is Out of State: If the party responsible for your injury leaves Alaska or goes into hiding within the state, the statute of limitations clock pauses during their absence, delaying its start until they return or can be located. Fraud or Concealment: The personal injury statute of limitations can be paused if fraud or concealment by the defendant prevents the plaintiff from discovering the cause of action. |
| Arkansas | 3 years | Punitive damages are capped at the greater of $250,000 or three times the compensatory damages awarded, with a maximum of $1,000,000. If the plaintiff proves intentional harm, the cap does not apply. | Arkansas Code Annotated § 16-56-105 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Defendant Unavailable: When the defendant leaves the state or goes into hiding, rendering it impossible for you to start a lawsuit, the statute of limitations stops running for that period. Minor: If a child under 21 is injured, the statute of limitations for filing a lawsuit does not begin until the child reaches 21 years of age. Insane: If the person who is injured is legally insane at the time, the statute of limitations is paused until they are no longer insane. |
| California | 2 years | None | Code of Civil Procedure § 335.1 | The discovery rule allows the statute of limitations to start when the plaintiff has or should have inquiry notice of the cause of action. | Government Entity: For claims against a government entity, you must file an administrative claim within six months of the injury date. If the government denies your claim within 45 days, you have six months from the denial to sue. If there’s no response, you have two years from the incident to file a lawsuit. Minors: For minors under 18, the statute of limitations begins when they reach the age of 18. State Prison: If the claimant is in state prison, the timeline starts after their release. Outside California: If the claimant resides outside the state of California, the timeline may be extended until they return. Insane: If the claimant is legally declared insane, the statute of limitations is suspended until they are deemed sane. |
| Colorado | 2 years | Non-economic damages are capped at $729,790, but with clear and convincing evidence of greater damages, courts may raise the cap to $1,459,600. Punitive damages are capped at the no more than the other total damages awarded in the case. | Colorado Revised Statute § 13-80-102 | The discovery rule allows the statute of limitations to start on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence | Minor: The statute of limitations may not start until you turn 18. Disabled/Mentally Ill: Statute of limitations may not begin to run until you are no longer disabled or mentally ill. Government/Public Entities: Must provide written notice within 182 days of sustaining an injury. Fraud/Misrepresentation/Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered by the exercise of reasonable diligence. Outside Colorado: If the claimant resides outside the state of Colorado, the timeline may be extended until they return. |
| Connecticut | 2 years | None | Connecticut General. Statute § 52-584 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Government/Public Entities: Requires plaintiff to provide notice of 90 days if your injury was caused by a defective highway or sidewalk, or 180 days if it was caused by a municipal employee. Fraud/Misrepresentation/Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered by the exercise of reasonable diligence. Outside Connecticut: If the claimant resides outside the state of Connecticut, the timeline may be extended until they return. |
| Delaware | 2 years | None | Del. Code tit. 10 § 8119 | The statute of limitations is tolled when the injury is inherently unknowable and the claimant is blamelessly ignorant of the wrongful act and the injury complained of. If the rule is applicable, the statute of limitations will begin to run upon the discovery of facts constituting the basis of the cause of action or the existence of facts sufficient to put a person of ordinary intelligence and prudence on inquiry which, if pursued, would lead to the discovery of such facts. | Minor: The statute of limitations is 3 years from turning 18. Government/Public Entities: Must provide written notice within 1 year of sustaining an injury. Outside Delaware: If the claimant resides outside the state of Delaware, the time they are out of the state does not count. |
| Florida | 2 years (cases on or before 3/24/23); 4 years for all cases after 3/24/23 | Punitive damages are capped at 3 times the value of the compensatory damages (both economic and noneconomic) awarded to each claimant or $500,000. | Fla. Stat. § 95.11 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor/Incapacitated/Mentally Incompetent: The statute of limitations is 7 years from the injury or the standard statute of limitations, whichever is longer. Government/Public Entities: Must provide written notice within 6 months year of sustaining an injury. Defendant Flees Jurisdiction: If the claimant flees the jurisdiction, the time they are out of the state does not count. Concealment: Statute of limitations doesn’t begin to run until the concealment is discovered or should have been discovered by the exercise of reasonable diligence. |
| Georgia | 2 years | Punitive damages capped at $250,000, but this cap is removed if the defendant was intoxicated or intended to cause harm. | Ga. Code § 9-3-33 | The discovery rule allows the statute of limitations to start when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, both that he has been injured and that the defendant may have caused his injury | Minor/Mentally Incapacitated: The statute of limitations is 2 years from turning 18. Government/Public Entities: Must provide written notice within 6 to 12 months of the injury, depending on the specifics of the claim. Outside Georgia: If the claimant resides outside the state of Georgia, the time they are out of the state does not count. Concealment: Statute of limitations doesn’t begin to run until the concealment is discovered or should have been discovered by the exercise of reasonable diligence. |
| Hawaii | 2 years | Pain and suffering damages capped at $375,000 in most personal injury cases. The cap doesn’t apply in some situations – like cases involving multiple defendants. | Hawaii Revised Statute § 657.7 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor/Mental Incapacity: The statute if limitations is tolled until they turn 18 or are no longer mentally incapacitated. Imprisonment: If a prisoner serving a term of less than life is injured, the limitation clock runs from the date they’re released from prison. Government Entity: Must provide notice within 6 months of the injury. Fraudulent Concealment: If the defendant intentionally conceals or misrepresents information, the statute of limitations can be extended. |
| Idaho | 2 years | Non-economic damages capped at $250,000, but adjusts annually for inflation and average annual wages, amounting to $458,728.65 as of 2023. Punitive damages are capped at $250,000 or 3x compensatory damages, whichever is greater. | Idaho Code § 5-219.4 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is tolled until the minor turns 18 or until 6 years after the injury, whichever occurs sooner. Defendant Leaves the State: Statute of limitations is tolled until 6 years from the date of the injury or from the date the defendant returns to the state, whichever is earlier. Government Entity: Must file a claim with the Secretary of State before filing a lawsuit, which has to be done within 6 months of the injury. Fraudulent Concealment: If defendant fraudulently and knowingly concealed the wrongful act, the statute of limitations is tolled until the victim discovers the injury or should have discovered. Imprisoned/Mentally Incapacitated: Statute of limitations may be tolled in these cases. |
| Illinois | 2 years | None | 735 ILCS 5/13-202 | A claim accrues when the plaintiff discovers, or in the exercise of ordinary diligence could have discovered, that his injury was caused by the tortious act of another | Minor: Statute of limitations is tolled until they reach 18. Government Entity: Must provide written notice of a claim within 1 year of the injury. Mentally Handicapped: Statute of limitations starts when the disability is no longer an impairment. Defendant Leaves the State: The time where the defendant is out of the state does not count toward the statute of limitations. Fraudulent Concealment: If the defendant fraudulently conceals the cause of action, the plaintiff has until 5 years from the date they discover the cause of action. |
| Indiana | 2 years | Punitive damages are capped at either 3 times the amount of compensatory damages awarded or $50,000, whichever is higher | Ind. Code § 34-11-2-4 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Disability: The statute of limitations is tolled until the disability is removed. Minors: The clock doesn’t start running until the injured minor turns 18. Concealment: If a person responsible for an incident attempts to conceal their liability, the statute of limitations will likely not start until the concealment ends and the underlying facts are discovered. Government Entity: Legal claims against a political subdivision must be filed within 180 days after the event, while claims against the state require filing with the attorney general or relevant state agency within 270 days. Nonresidence: If the responsible party leaves the state of Indiana and becomes a “nonresident,” the statute of limitations wil be tolled pasued this time. |
| Iowa | 2 years | None | Iowa Code § 614.1 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Defendant Leaves Iowa or Cannot Be Identified: The statute of limitations stops running if the defendant moves out of Iowa or remains unidentified despite diligent efforts to locate them. Minor: The statute of limitations is one year from their 18th birthday. Disability: If the injured person is disabled, they will have 1 year from the date that their disability is removed. Claims Against Iowa Municipalities: Claims against Iowa municipalities must generally be filed within two years from the date of the injury. |
| Kansas | 2 years | Punitive damages are capped at the lesser of the defendant’s highest annual gross income over the past 5 years (unless that is deemed not adequate, then up to 50% of their net worth, or $5,000,000. | Kan. Stat. § 60-513 | The discovery rule allows the statute of limitations to start at the time a negligent act causes injury if both the act and the resulting injury are reasonably ascertainable by the injured person. | Minors: Injured minors have 1 year from the date of their 18th birthday. Disability: One year from the date the disability is removed. Imprisonment: If defendant is in prison for less than a life sentence, they can file a claim within 1 year of being released unless they have access to court for purposes of bringing an action. In that case, they are not considered disabled and the statute of limitations will be standard. Defendant Leave State or Hides: If you’re unable to serve the defendant because they’re out of the state or in hiding, this time does not count toward the statute of limitations. Government: You must provide notice and then you can sue, generally within |
| Kentucky | 1 year | None | Ky. Rev. Stat. § 413.140 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Mental or Physical Incapacity: If a victim is incapacitated due to mental or physical reasons, the statute of limitations does not begin until the incapacity ends. Minor: Injured minors have one year from their 18th birthday. Defendant’s Absence: If the defendant has left the state or is hiding, making service of legal papers impossible, the statute of limitations is tolled until the defendant can be located and served. Government: For some claims against the government, you must provide notice to sue within 90 days of the accident. |
| Louisiana | 1 year | Punitive damages cannot exceed either 3 times the compensatory damages or $500,000, whichever amount is greater. | La. Civ. Code art. 3492 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minors: Injured minors have 1 year from their 18th birthday. Disability: Statute of limitations is 1 year from when the disability is removed. Crime of Violence: If your injury is from a crime of violence, you have two years to file your claim. Fraudulent Concealment: If the defendant intentionally concealed their wrongdoing, the statute of limitations may be extended. |
| Maine | 6 years | None | Me. Stat. tit. 14 § 752 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations doesn’t start to run until 18th birthday. Fraudulent Concealment: 6 years from when you discovery the fraud and your cause of action. Disabled: Statute of limitations doesn’t run until the disability is removed. Government: Must file within 2 years of the injury, and must provide notice within 1 year. |
| Maryland | 3 years | Non-economic damages are capped at $935,000 | Md. Code, Cts. & Jud. Proc. § 5-101 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations doesn’t begin until they turn 18. Disability: Statute of limitations is 3 years from when the disability is removed. Defendant Leaves State: The statute of limitations is tolled while they’re out of the state. Government: you must file a claim with the state treasurer within one year of a personal injury caused by a state agency or employee, and if this claim is denied or unanswered after 6 months, you are then eligible to file a lawsuit within 3 years from the date of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations begins when the injured party discovers, or reasonably should have discovered, the fraud. |
| Massachusetts | 3 years | None | Mass. Gen. Laws ch. 260 § 2A | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations doesn’t begin until they turn 18. Disability: Statute of limitations begins to run when the disability is removed. Defendant Leaves State: The statute of limitations is tolled while they’re out of the state. Government: Usually 2 years, and there are separate notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations begins when the injured party discovers, or reasonably should have discovered, the fraud. |
| Michigan | 3 years | None | Mich. Comp. Laws § 600.5805 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is 1 year from when they turn 18. Disability: Statute of limitations is 1 year from the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 or 3 years, depending on the specifics of the claim, and there are separate notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is 2 years from the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Minnesota | 6 years | None | Minn. Stat. § 541.05 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is 1 year from when they turn 18. Disability: Statute of limitations is 1 year from the date the disability is removed, but the deadline will never be extended for more than 5 years, even if the injured party doesn’t recover. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 180 days of the incident and usually 2 years to file a lawsuit. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Mississippi | 3 years | Non-economic damages are capped at $1 million (but constitutionality of this limit is in dispute), punitive damages are generally capped based on the defendant’s net worth. | Miss. Code § 15-1-49 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 90 days of the incident. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Missouri | 5 years | None | Miss. Code § 516.120 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 21: Statute of limitations is paused until injured party turns 21. Disability: Statute of limitations paused until the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 90 days of the incident. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Montana | 3 years | Punitive damages are capped at $10 million or 3% of a defendant’s net worth, whichever is less. | Mont. Code § 27-2-204 | The period of limitations does not begin to run until the injured party has discovered, or in the exercise of due diligence should have discovered, both the injury and its cause. | Minor: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed, but the deadline will never be extended for more than 5 years, even if the injured party doesn’t recover. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: A complaint must be submitted in writing to the Department of Administration, which has 120 days to either grant or deny the claim. Once they recive notice, the statute of limitations is paused for 120 days. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Nebraska | 4 years | None | Neb. Rev. Stat. §§ 25-207 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 21: Statute of limitations is paused until injured party turns 21. Disability: Statute of limitations paused until the date the disability is removed. Prison: The statute of limitations is paused while the injured party is in prison. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Nevada | 2 years | Punitive damages are capped at $300,000 if compensatory damages are less than $100,000, but if compensatory damages are $100,000 or more, the cap increases to three times the amount of compensatory damages. | Nev. Rev. Stat. § 11.190 | The statutory period of limitations is tolled until the injured party discovers, or reasonably should have discovered, facts supporting a cause of action | Under 18: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed. State Custody Other Than Prison: If the person is in state custody and was placed when they were less than 18, the statute of limitations is tolled (this does not apply when the victim is in prison). Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| New Hampshire | 3 years | None | N.H. Rev. Stat. § 508:4 | The discovery rule allows the statute of limitations to start when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of. | Under 18: Statute of limitations is 2 years from when the injured party turns 18. Disability: Statute of limitations is 2 years from when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 3 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| New Jersey | 2 years | In most cases, punitive damages are capped at the greater of five times the compensatory damages or $350,000. | N.J. Stat. § 2A:14-2 | The discovery rule allows the statute of limitations to start when the injured party discovers, or by an exercise of reasonable diligence and intelligence should have discovered that he may have a basis for an actionable claim. | Under 18: Statute of limitations begins when the injured party turns 18. Disability: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| New Mexico | 3 years | None | N.M. Stat. § 37-1-8 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Injured plaintiff has until the later of 1 year after they turn 18 or 3 years after they are injured to file the claim. Disability: 1 year from the date their disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| New York | 3 years | None | N.Y. C.P.L.R. § 214 | The discovery rule allows the statute of limitations to start on the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier | Under 18: Statute of limitations begins when the injured party turns 18. Disability: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| North Carolina | 3 years | Punitive damages are capped at the greater of 3 times the compensatory damages or $250,000. | N.C. Gen. Stat. § 1-52 | The discovery rule allows the statute of limitations to start when it becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs | Under 18: Statute of limitations begins when the injured party turns 18. Insane/Incompetent: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| North Dakota | 6 years | Punitive damages are capped at the greater of $250,000 or 2x the compensatory damages. | N.D. Cent. Code § 28-01-16 | The action does not accrue and the limitations period does not begin to run until the claimant knows, or with reasonable diligence should know, that a potential claim exists | Under 18: 1 year from when the victim turns 18. Insane/Prison: Statute of limitations is 1 year from when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Ohio | 2 years | Non-economic damages are capped at $250,000 or 3 times the economic damages, up to $350,000 per plaintiff and $500,000 per accident, except in cases of catastrophic injuries like severe physical deformities or injuries preventing self-care, where no cap applies. Punitive damages are capped at 2 times the amount of the compensatory damages. If the defendant is a small business over, punitive damages are capped at10% of the defendant’s net worth, up to a maximum of $350,000. | Ohio Rev. Code § 2305.10 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Statute of limitations begins when the injured party turns 18. Incompetent: Statute of limitations begins when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years with additional notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Oklahoma | 2 years | Punitive damages are categorized into three levels: Category I caps at the greater of $100,000 or actual damages for reckless disregard; Category II at the greater of $500,000, twice the actual damages, or the financial benefit derived for intentional and malicious acts; and Category III, involving conduct that is life-threatening to humans, has no cap. | Okla. Stat. tit. 12 § 95 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: 1 year from when the injured party turns 18. Disability: Statute of limitations is 1 year from when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 1 year from the date of injury. If claim is denied, you have 180 days to sue. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Oregon | 2 years | None | ORS § 12.110 | The discovery rule allows the statute of limitations to start when the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant. | Under 18: 1 year from when the injured party turns 18 or 7 years from the date of the accident, whichever occurs first. Disability: Statute of limitations is 1 year from when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Pennsylvania | 2 years | None | 42 Pa. C.S. § 5524 | Under the discovery rule, the statute of limitations doesn’t run until the plaintiff knows or reasonably should know that he has been injured and that his injury has been caused by another party’s conduct | Under 18: Statute of limitations begins when the injured party turns 18. Incompetent: Statute of limitations begins when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file written notice within 6 months. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Rhode Island | 3 years | None | R.I. Gen. Laws § 9-1-14 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim by the time they turn 21. Disability/Mental Incompetence: Statute of limitations is 3 years from the removal of the disability. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Written notice must be provided within 60 days of injury for claims against a town for injuries on highway/causeway/bridge. Other claims against the state must be filed within 3 years with no other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| South Carolina | 3 years | Punitive damages are capped at the greater of 3 times the compensatory damages awarded to each claimant or $500,000. | S.C. Code § 15-3-530 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim within 1 year of turning 18. Insane: Statute of limitations is the earlier of 5 years from the date of injury (or discovery of the injury), or 1 year from the date they were declared sane. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Statute of limitations is 2 years from the date of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| South Dakota | 3 years | None | S.D. Codified Laws § 15-2-14 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim within 1 year of turning 18. Mentally Ill: Statute of limitations starts when the person is no longer legally disabled, but the claim can’t be filed moer than 5 years from the date of the injury. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must give written notice of your claim within 180 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Tennessee | 1 year | In most cases, non-economic damages are capped at $750,000, but this cap increases to $1,000,000 for catastrophic injuries; punitive damages are limited to the greater of 2 times compensatory damages or $500,000. | Tenn. Code § 28-3-104 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Incompetent: Statute of limitations begins when the injured person is declared competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Texas | 2 years | Punitive damages are capped at the greater of 2x economic damages plus non-economic damages found by the jury (not to exceed $750,000) or, $200,000 | Tex. Civ. Prac. & Rem. Code § 16.003 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Unsound Mind: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Claim must be filed within 6 months of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Utah | 4 years | None | Utah Code § 78B-2-307 | The discovery rule allows the statute of limitations to start when both the harm and its cause is discovered, or in the exercise of due diligence should have discovered. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Claim must be filed within 1 year of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Vermont | 3 years | None | Vt. Stat. tit. 12 § 512 | The limitations clock does not begin running until the plaintiff knows or should know of the injury and its cause | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Imprisoned: If the injured party is imprisoned, the statute if limitations is tolled during this time. Active Duty Military: If either party is active duty in the US military, the statute of limitations is tolled during this time. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Virginia | 2 years | Punitive damages are capped at $350,000 | Va. Code § 8.01-243 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Obstruction by Defendant: The statute of limitations may be tolled while the defendant obstructs your ability to file a lawsuit. Government: 6 months to file a written notice of claim. |
| Washington | 3 years | None | Wash. Rev. Code § 4.16.080 | The discovery rule allows the statute of limitations to start from the time the claimant discovered or in the exercise of due diligence should have discovered the harm and its cause | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Imprisoned: If a defendant is imprisoned prior to sentence in a criminal case, the statute of limitations is tolled during this time. Government: Before you can sue the State of Washington, you first must file your claim with the Washington Department of Enterprise Services. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Washington, D.C. | 3 years | None | D.C. Code § 12-301 | The statute of limitations doesn’t run until the plaintiff has knowledge, or by the exercise of reasonable diligence should have knowledge, of the existence of his injury, the injury’s cause in fact, and some evidence of wrongdoing. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incapacitated: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Imprisoned: Statute of limitations is tolled while injured party is imprisoned. Government: Must file a notice of claim within 6 months of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| West Virginia | 2 years | The cap for punitive damages is set at 4 times the amount of compensatory damages awarded or $500,000, whichever is greater. | W. Va. Code § 55-2-12 | A claim accrues when the plaintiff knows, or by the exercise of reasonable diligence should have known, of the elements of her possible cause of action | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file a notice of claim within 30 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Wisconsin | 3 years | Punitive damages are capped at the greater of twice the compensatory damages or $200,000, except this cap does not apply in cases involving drunk driving. | Wis. Stat. § 893.54 | The statute of limitations begins to run when the potential plaintiff discovers the injury, or in the exercise of due diligence should have discovered the injury. | Under 18: 2 years from when the injured party turns 18. Mentally Ill: 2 years from when disability ends but can never file past 5 years. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Prison: Statute of limitations is tolled while injured party is in prison, but claim can never be filed past 5 years. Government: Must file a notice of claim within 120 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Wyoming | 4 years | None | Wyo. Stat. § 1-3-105 | The statute of limitations begins to run when the potential plaintiff knows or reasonably ought to know that some damage has resulted from the wrongful act. | Under 18: The statute of limitations is the longer of 3 years from when the injured party turns 18 and the standard statute of limitations. Mentally Ill: The statute of limitations is the longer of 3 years from when the injured party is no longer disabled or the standard statute of limitations. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file a notice of claim within 2 years of the injury. |
Exceptions and Extensions
Understanding the statute of limitations for personal injury claims is vital for individuals seeking legal recourse after an incident. These time limits set a deadline within which a lawsuit must be filed, but there are exceptions and extensions that may apply, allowing for more (or less) time under certain circumstances.
Recognizing these exceptions can significantly influence the outcome of a potential case. Common exceptions include the following.
Discovery Rule
The discovery rule is a common exception that applies when the injured party is not immediately aware of their injury or the cause of the injury.
In these instances, the statute of limitations may start from the time the injury was discovered or reasonably should have been discovered, rather than the date the incident occurred. This rule is particularly relevant in cases involving medical malpractice.
Minor Status
In many jurisdictions, if the injured party is a minor at the time of the injury, the statute of limitations may be extended. Generally, the time limit does not begin until the minor reaches the age of majority, allowing them to file a claim once they are legally able to do so. This ensures that minors are not disadvantaged when seeking justice for their injuries.
Mental Incapacity
Similar to the minor status, individuals who are mentally incapacitated at the time of their injury may also benefit from an extension of the statute of limitations. If a person is unable to understand or manage their legal affairs due to mental incapacity, the filing deadline may be postponed until their mental faculties are restored.
Fraudulent Concealment
Fraudulent concealment occurs when the responsible party intentionally hides the facts surrounding the injury to prevent the injured party from filing a claim. If successful concealment is proven, the statute of limitations may be extended, allowing the injured party to seek compensation once the fraud has been uncovered.
Government Entity
When the injured party seeks to file a claim against a government entity, specific statutes of limitations and procedural requirements typically apply, which may differ significantly from those for private parties.
Most jurisdictions impose a shorter time frame for bringing a claim against a government body, often requiring claimants to provide notice of their intention to sue within a specified period, typically between 30 to 180 days from the date of the injury.
Additionally, claimants must adhere to strict procedural protocols, which may include submitting their claims to a particular department or agency for review prior to pursuing litigation.
The defendant Being Out of the State After the Accident
When a defendant is out of the state following an accident, it can significantly impact the statute of limitations for filing a claim.
Many jurisdictions allow for a tolling of the statute of limitations if the defendant is not physically present in the state where the claim can be filed. This means that the time limit to initiate legal proceedings may be extended for the duration of the defendant’s absence.
It is essential for injured parties to be aware of their state’s specific rules regarding tolling to ensure they do not miss the opportunity to seek compensation for their injuries. Additionally, claimants can take proactive steps, such as reaching out to a personal injury lawyer as soon as possible after the incident.
Lawsuits vs Insurance Claims
In the aftermath of an injury caused by someone else’s negligence—whether it’s a car accident or a slip and fall—it is crucial to distinguish between lawsuits and insurance claims, particularly concerning the different statutes of limitations.
Lawsuits
A lawsuit is a legal action initiated by an injured party against a defendant in a court of law. This formal process involves filing a complaint that outlines the claims and the basis for liability.
The statute of limitations period governs the period within which a plaintiff must file their lawsuit. In personal injury cases, this period can vary significantly from state to state, ranging from one to six years.
Failure to file within this timeframe can bar the claimant from recovering damages, making it essential to act quickly. Additionally, lawsuits require adherence to complex procedural rules and often involve discovery phases, where both parties gather evidence and information pertinent to the case.
Insurance Claims
An insurance claim is a request made by an injured party to an insurance company for compensation due to a covered loss. The process typically involves notifying the insurer of the incident and providing relevant documentation to support the claim.
Insurance policies may include specific deadlines for filing claims, which can differ from state laws. It is crucial for claimants to review their policy terms to ensure compliance with these timelines.
Differences in the Statute of Limitations
The primary difference between lawsuits and insurance claims lies in their processes and the entities involved. A lawsuit is a formal legal action against an individual or entity, while an insurance claim seeks compensation from an insurance provider. Deadlines play a critical role in both contexts, dictating the timeframe for initiating action.
Both paths require timely action to preserve the right to seek a certain amount of compensation, making it essential for injured parties to understand the applicable limits.
Settling Personal Injury Cases
Most cases are resolved through settlements rather than going to trial. This approach is typically advantageous for both parties, as it allows for a quicker resolution and avoids the uncertainties associated with court proceedings.
However, it is crucial for claimants to allow themselves ample time to file a lawsuit, even if they intend to negotiate a settlement. The reason for this is twofold.
First, having a lawsuit filed can create leverage in negotiations, prompting an insurer to offer a fairer settlement due to the looming possibility of litigation. Second, if negotiations fail or extend beyond the statutory limit for filing a lawsuit, the claimant may forfeit their right to seek compensation altogether.
This makes it essential to leave plenty of time to file the lawsuit if necessary.
If you have been harmed or your property has been damaged because of someone else’s negligence, it’s essential to seek legal counsel to discuss judicial proceedings before the applicable statute of limitations runs.
Special Considerations for Certain Types of Cases
Personal injury law encompasses a broad range of claims, and various jurisdictions impose distinct statutes of limitations based on the nature of the case. Understanding these unique timelines is essential for ensuring that claims are filed appropriately and within the designated periods.
Medical Malpractice
In many states, injuries arising from medical malpractice claims have specific deadlines that differ from general personal injury cases. For example, these statutes are often two years or three years from the date of the malpractice incident or discovery of the injury.
Government Tort Claims
Claims against government entities involve additional complexities, often accompanied by shorter filing periods. Many states require an administrative claim to be filed within six months to a year prior to initiating a lawsuit.
Workplace Injuries
For workplace injury claims, particularly those governed by workers’ compensation laws, states provide a time frame that typically spans from one to three years. However, some states require that the injury be reported to the employer within a certain period (often within 30 days) to maintain eligibility for benefits.
Product Liability
Product liability cases, which involve defective products, typically follow the general personal injury statute of limitations, but certain states have different timelines for these cases.
The Importance of Legal Counsel
Navigating the complexities of personal injury law requires expertise and knowledge of various legal nuances. An experienced personal injury lawyer can provide invaluable assistance, guiding clients through this complicated process.
Our personal injury attorneys are well-versed in the applicable statutes of limitations for various types of claims. We ensure that clients are aware of these critical deadlines, which dictate the timeframe for initiating legal action. By understanding these limitations, claimants can avoid the serious risk of losing their right to compensation due to missed deadlines.
Your Next Steps
If you’ve been injured due to an accident, prioritizing your health by seeking immediate medical care is the most important step you can take. As soon as that pivotal step is taken, it becomes critical to consult with a personal injury attorney. Time isn’t on your side in these situations; statutes of limitations won’t pause while you recover, so quick action can be crucial.
You should reach out to Rosenfeld Injury Lawyers at the earliest opportunity. We thoroughly understand the statute of limitations and have extensive experience with the laws specific to your state. We will carefully assess the details surrounding your case and inform you about deadlines that apply.
Contact us to discuss your legal right to secure justice and compensation through personal injury claims and learn how the statute of limitations works. Call us at (888) 424-5757 or complete our online contact form.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.