Explained in simple terms
What does the “Statue of Limitations” mean in terms of personal injury? It is essentially the amount of time after a personal injury occurred that you can file a claim. This is important to know and understand because if you file a case outside of this time window it is likely that your case will just be dismissed by a judge.
How long do you have?
The short answer is between 1 and 6 years. This will depend on the state you live in.
Are there any exceptions?
Yes. In most states the statue of limitations clock can be paused if you leave the state for a period of time and then come back. Additionally the statue of limitations clock start can be delayed in some cases if you were unaware that you were injured in an accident until a later date. An example of this is if you were in a car accident and sustained back injuries which were unknown to you until 6 months after the accident. If you can prove that these injuries were the result of the accident, it is very likely that you will have the statue of limitations extended to when you “discovered” you were injured.
Minors and those with a mental disability
In most states the statue of limitations does not start until a minor has turned 18. So in these cases the minor would have until 21 to file a case withing the allowed time frame. Additionally in the case of somebody deemed mentally unable to file themselves, they would be allowed an extended time frame in which they could file a case.
Laws By State
| State | Statue of Limitations (Years) |
|---|---|
| Alabama | 2 |
| Alaska | 2 |
| Arizona | 2 |
| Arkansas | 3 |
| California | 2 |
| Colorado | 2 (3 years for vehicle accidents) |
| Connecticut | 2 |
| Delaware | 2 |
| District of Columbia | 3 |
| Florida | 4 |
| Georgia | 2 |
| Hawaii | 2 |
| Idaho | 2 |
| Illinois | 2 |
| Indiana | 2 |
| Iowa | 2 |
| Kansas | 2 |
| Kentucky | 1 (2 years for vehicle accidents) |
| Louisiana | 1 |
| Maine | 6 |
| Maryland | 3 |
| Massachusetts | 3 |
| Michigan | 3 |
| Minnesota | 2 |
| Mississippi | 3 |
| Missouri | 5 |
| Montana | 3 |
| Nebraska | 4 |
| Nevada | 2 |
| New Hampshire | 3 |
| New Jersey | 2 |
| New Mexico | 3 |
| New York | 3 |
| North Carolina | 3 |
| North Dakota | 6 |
| Ohio | 2 |
| Oklahoma | 2 |
| Oregon | 2 |
| Pennsylvania | 2 |
| Rhode Island | 3 |
| South Carolina | 3 |
| South Dakota | 3 |
| Tennessee | 1 |
| Texas | 2 |
| Utah | 4 |
| Vermont | 3 |
| Virginia | 2 |
| Washington | 3 |
| West Virginia | 2 |
| Wisconsin | 3 |
| Wyoming | 4 |
| State | Statue of Limitations (Years) |