Statute of limitations by state

Personal injury statute of limitations by state

Most states give an injured person 2 years or 3 years to file a personal injury lawsuit, counted from the day of the injury. Kentucky, Tennessee have the shortest deadline (1 year), and Maine, Minnesota, North Dakota the longest (6 years).^[6][7] Darker tiles mean less time; select a state to open its full list of deadlines.

Personal injury here means negligence claims for bodily injury, such as car crashes, falls and dog bites. Intentional torts like assault, and claims against doctors or the government, often have different deadlines; they are listed separately on each state page.

Statute of limitations by state and claim type

Contract claims usually get more time than injury claims, and written contracts more than oral ones; the table gives each state’s general period and the statute that sets it.^[2][3][4][5] Debt collection follows the contract or account period; see the statute of limitations on credit card debt for the rule each state applies to card accounts. Download every state and claim type as a CSV (period, citation and official statute link for all 10 claim types).

Two more claims with short deadlines in many states are defamation (often 1 or 2 years from publication) and product liability, which also has a statute of repose in many states that ends claims a fixed number of years after the product was sold.

What changes the deadline

The date in the table is the general rule; three things most often move it. First, accrual: the clock starts when the claim arises, which is the injury date for most accidents but the discovery date for many malpractice, fraud and latent-defect claims. Second, tolling: 33 jurisdictions pause the clock for an injured minor until adulthood, 17 do so only in limited situations, and 1 generally do not. Third, government defendants: a claim against a city, county or the state usually needs a written notice of claim first, sometimes within a few months.

• New Hampshire: Notice to the clerk of the governmental unit by registered mail within 60 days after the injury or its discovery (N.H. Rev. Stat. Ann. § 507-B:7)
• Kentucky: Notice to the mayor or city clerk within 90 days, but only for injuries from defective city streets, sidewalks, bridges or alleys; no general notice-of-claim statute for other local claims (KRS 411.110)
• Missouri: Written notice to the mayor within 90 days for injuries from defects in a bridge, street, sidewalk or thoroughfare (third-class cities and cities of 100,000+) (Mo. Rev. Stat. §§ 77.600, 82.210)
• New Jersey: Notice of claim filed with the local public entity within 90 days after the claim accrues; late notice up to 1 year only with court permission (N.J. Stat. Ann. §§ 59:8-7, 59:8-8, 59:8-9)
• New Mexico: Written notice within 90 days to the mayor (city), county clerk (county), superintendent (school district) or administrative head of other local bodies (6 months for wrongful death) (N.M. Stat. Ann. § 41-4-16)
• New York: Sworn notice of claim within 90 days after the claim arises (wrongful death: 90 days from appointment of the estate representative) (N.Y. Gen. Mun. Law § 50-e(1)(a))
• Michigan: Defective highway or road claims: written notice to the government agency within 120 days of the injury (180 days for minors or incapacitated persons); no general state-law notice for other claims against cities and counties (MCL 691.1404)
• Wisconsin: Written notice of the circumstances within 120 days of the event, then an itemized claim to the clerk; the claim is disallowed if not acted on in 120 days (Wis. Stat. § 893.80(1d))

The definition page explains how statutes of limitations and statutes of repose differ, and the U.S. Supreme Court’s explanation of why repose periods are not tolled.^[1]

Short deadlines people miss

• Defamation: 26 jurisdictions allow only 1 year or less from publication, including Arizona, California, Colorado, District of Columbia, Georgia, Illinois.
• Medical malpractice: often 2 years from discovery with a hard repose cap; see the statute of limitations of medical malpractice by state.
• Wrongful death: usually runs from the date of death, not the injury; see the wrongful death statute of limitations.
• Employment claims: a federal discrimination charge must reach the EEOC within 180 or 300 days; California’s rules are on the wrongful termination in California statute of limitations page.

Statutes of limitations by topic

• Credit card and other debtHow long a creditor or debt buyer has to sue, by state.
• Debt in TexasFour years, and no revival of time-barred consumer debt.
• FraudDiscovery rules and repose caps, by state.
• Theft (criminal)Misdemeanor and felony theft time limits.
• MurderWhy there is no time limit anywhere in the U.S.
• Crimes with no time limitMurder, many sex crimes and more, state by state.
• Medical malpractice in CaliforniaMICRA’s 3-year / 1-year rule and minors.

Small claims, settlements and BAC

If your claim is small enough, small claims court is faster and cheaper, and in some states lawyers cannot appear at all. Our settlement estimators show how insurers value injury claims, with your state’s fault rule built in.

• Small claims limit by stateDollar limits, filing fees and appeal rules.
• Lawyers in small claimsWhere an attorney may or may not represent you.
• How to file a small claimDemand letter to judgment, step by step.
• California small claims$12,500 limit; no lawyers at the hearing.
• Texas small claimsJustice court cases up to $20,000.
• Florida small claimsCounty court cases up to $8,000.
• Georgia magistrate courtClaims up to $15,000.
• Michigan small claimsThe limit is rising in steps.
• New Jersey small claimsSpecial Civil Part limits and fees.
• Nevada property damage limitJustice court small claims, including property damage.
• Car accident settlement calculatorMultiplier method with your state’s fault rule.
• Texas car accident calculator51% bar, paid-or-incurred, 30/60/25 minimums.
• Motorcycle accident calculatorHelmet laws and fault by state.
• Personal injury settlement calculatorFalls, bites and other injuries.
• Dog bite settlement calculatorStrict liability vs. one-bite states.
• Settlement take-home calculatorFees, liens and taxes on a settlement.
• Workers’ comp settlement calculatorState benefit rates and maximums.
• Wrongful termination calculatorBack pay, front pay and Title VII caps.
• Blood alcohol calculatorWidmark estimate and every state’s limit.

State-by-state guides

These states have a full guide with every civil deadline, tolling rule, government-claim notice and criminal limit:

• California statute of limitations2 years for injury · 4 years for written contracts
• Florida statute of limitations2 years for injury · 5 years for written contracts
• Georgia statute of limitations2 years for injury · 6 years for written contracts
• New York statute of limitations3 years for injury · 6 years for written contracts
• New Jersey statute of limitations2 years for injury · 6 years for written contracts
• Illinois statute of limitations2 years for injury · 10 years for written contracts
• Ohio statute of limitations2 years for injury · 6 years for written contracts
• Arizona statute of limitations2 years for injury · 6 years for written contracts
• Virginia statute of limitations2 years for injury · 5 years for written contracts
• Colorado statute of limitations2 years for injury · 3 years for written contracts
• Michigan statute of limitations3 years for injury · 6 years for written contracts
• North Carolina statute of limitations3 years for injury · 3 years for written contracts
• Indiana statute of limitations2 years for injury · 10 years for written contracts
• Missouri statute of limitations5 years for injury · 10 years for written contracts
• Oregon statute of limitations2 years for injury · 6 years for written contracts
• Washington statute of limitations3 years for injury · 6 years for written contracts
• Wisconsin statute of limitations3 years for injury · 6 years for written contracts