Practice Areas
- Airline Accidents
- Ambulance Accidents
- Amputation Injuries
- Amusement Park Injuries
- Auto Accident Attorney
- Back-Up Accidents
- Bar Accidents
- Bed Bug Injury
- Bicycle Accidents
- Boating Accidents
- Brain Injuries
- Broken Bone Injuries
- Burn Injuries
- Bus Accidents
- Car Accident Questions and Answers
- Car Accidents
- Cell Phone Accident
- Child Injuries
- Construction / Bridge Accidents
- Construction Zone Accidents
- Dangerous Road Accidents
- Decatur Auto Accident Attorney
- Delivery Truck Accidents
- Distracted Driving Accident
- Dog Bites
- Drunk Driver Accidents
- Elderly Driver Accidents
- Electrocution Accidents
- Elevator and Escalator Accidents
- Emergency Vehicle Accidents
- Failure to Yield Accidents
- Fire and Explosion Attorneys
- Food Poisoning
- Head-On Collision
- Highway Accidents
- Hit and Run
- Hospital Falls
- Hot Air Balloon Accidents
- House Fires
- Huntsville Auto Accident Attorney
- Industrial Accident Lawyers Near Me
- Insurance Claims
- Intersection Accidents
- Left Turn Accidents
- Lyft Accident
- Motorcycle Accidents
- Multi Car Accident
- Nursing Home Injuries
- Passenger Claims
- Pedestrian Accident Lawyers
- Personal Injury Chronology
- Personal Injury FAQ
- Personal Injury Glossary
- Personal Injury Statute of Limitations
- Personal Injury What Can We Do
- Pharmacy Malpractice
- Premises Liability
- Product Liability
- Rear End Collision
- Rental Car Accident
- Rollover Accidents
- Side Impact Collisions
- Slip and Fall
- Smart Car Accidents
- Spinal Cord Injuries
- Swimming Pool Accidents
- T-Bone Accidents
- Taxi Accident
- Teen Accidents
- Texting While Driving Accidents
- Tow Truck Accidents
- Train Accidents
- Truck Accidents
- Uber Accident
- Uninsured Motorist
- Workers Compensation
- Wrong-Way Accidents
- Wrongful Death
THE TIME PERIOD WITHIN WHICH YOU CAN BRING A LAWSUIT FOR PERSONAL INJURIES
The deadlines set forth on this page should not be relied on without the assistance of a competent accident attorney in your state. Different deadlines apply to different kinds of personal injury cases. DO NOT assume that the deadline stated in this list applies to your case. Instead, speak to a jacksonville personal injury attorney, or one local to you. This list represents a beginning step only in determining whether the statute of limitations has expired on your claim. Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
Statebr (Click on state name for more details) |
Length of Limitation | Code Number | Authoritative Source: State Website Link |
Alabama | 2 years | Title 6,Ch. 2,6-2-38 | State Statute of Limitations |
Alaska | 2 years | Sec. 9.10.070 | State Statute of Limitations |
Arizona | 2 years | Title 12, Article 3, Sec. 12-542 | State Statute of Limitations |
Arkansas | 3 years (libel, wrongful death), 2 years med malpractice; 1 year slander | Secs. 16-56-104, 16-56-105, 16-114-203, 16-62-102 | State Statute of Limitations |
California | 2 years for intentional torts; 1 year for slander, libel | Code of Civ. Proc. Sec. 335.1, 340 | State Statute of Limitations |
Colorado | 2 years | Colo. Rev. Stat. Sec. 13-80-102 | State Statute of Limitations |
Connecticut | 2 years | Conn. Gen. State. Sec. 52-584 | State Statute of Limitations |
Delaware | 2 years | Title 10, Ch. 81, Sec. 8119 | State Statute of Limitations |
DC | 3 years | Title 12, Ch. 3, Sec. 12-301 | State Statute of Limitations |
Florida | 4 years | Title 8, Ch. 95, Sec. 95.11 | State Statute of Limitations |
Georgia | 2 years | Sec. 9-3-33 | State Statute of Limitations |
Hawaii | 2 years | Rev. Stat. Sec. 657.7 | State Statute of Limitations |
Idaho | 2 years | Title 5, Ch. 2, Sec. 5-219 | |
Illinois | 2 years | Ch. 735, Act 5, Art 13, Sec. 13-202 | State Statute of Limitations |
Indiana | 2 years | Title 34, Art. 11, Ch. 2, Sec. 34-11-2-4 | State Statute of Limitations |
Iowa | 2 years | Chapter 614, Section 614.1 | State Statute of Limitations |
Kansas | 2 years | Chapter 60, Art 5, Sec. 60-513 | State Statute of Limitations |
Kentucky | 2 years | Chapter 60, Art 5, Sec. 60-513 | State Statute of Limitations |
Louisiana | 1 year | Ci. Code. Art. 3492 | State Statute of Limitations |
Maine | 6 years | Title 14,Part 2, Ch. 205, Sub. 1, Sec. 752 | State Statute of Limitations |
Maryland | 3 years | Courts and Judicial Proceedings, Sec. 5-101 | State Statute of Limitations |
Massachusette | 3 years | Title 5, Ch. 260, Secs. 2A and 4 | State Statute of Limitations |
Michigan | 3 years | Chapter 600, Act 236, Ch. 58, Sec. 600.5805, number 9 | State Statute of Limitations |
Minnesota | 2 years | Ch. 541, Sec 541.05, 541.07 | State Statute of Limitations |
Mississippi | 3 years | Title 15, Ch. 1, Sec. 15-1-49 | State Statute of Limitations |
Missouri | 5 years | Title 35, Ch. 516, Sec. 516.120 | State Statute of Limitations |
Montana | 3 years | Title 27, Ch. 2, 27-2-204 and 27-2-207 | State Statute of Limitations |
Nebraska | 4 years | Title 25, Section 207, 25-207 | State Statute of Limitations |
Nevada | 2 years | Chapter 11, Sec 11.190 | State Statute of Limitations |
New Hampshire | 3 years | Chapter 508, Sec. 508.4 | State Statute of Limitations |
New Jersey | 2 years | Title 2A, Ch. 14, Sec. 2A:14-2 | State Statute of Limitations |
New Mexico | 3 years | Ch. 37, Art. 1, Sec. 37-1-8 | |
New York | 3 years | Civil Practice Laws and Rules, Art. 2, Sec. 214 | State Statute of Limitations |
North Carolina | 2 years | Title 1, Section 1-52. | State Statute of Limitation; See also TOC |
North Dakota | 6 years; 2 years in wrongful death | Title 28, Ch. 1, Secs. 28-01-16 and 28-01-18 | State Statute of Limitations |
Ohio | 2 years | Title 23, Ch. 5, Sec. 2305.10 | State Statute of Limitations |
Oklahoma | 2 years | Title 12, Ch. 3, Sec. 95 | State Statute of Limitations |
Oregon | 2 years | Ch. 12, Sec. 12.110 | State Statute of Limitations |
Pennsylvania | 2 years | 42 PA Con. Stat. Section 5524 | State Statute of Limitations |
Rhode Island | 3 years | Title 9, Ch. 1, Sec. 9-1-14 | State Statute of Limitations |
South Carolina | 3 years | Title 15, Ch. 3, Sec. 15-3-530 | State Statute of Limitations |
South Dakota | 3 years | Title 15, Ch. 2, Sec. 15-2-14 | State Statute of Limitations |
Tennessee | 1 year | Title 28, Ch. 3, Sec. 28-3-104 | tate Statute of Limitations |
Texas | 2 years | Civ. Prac. & Rem Code, Title 2, Ch. 16, Sec. 16.003 | State Statute of Limitations |
Utah | 4 years | Title 78, Ch. 12, Sec. 78-12-25 | State Statute of Limitations |
Vermont | 3 years | Title 12, Part 2, Ch. 23, Subch. 2, Sec. 512 | State Statute of Limitations |
Virginia | 2 years | Title 8.01, Ch. 4, Sec. 8.01-243 | State Statute of Limitations |
Washington | 3 years | Title 4, Ch. 16, Sec. 4.16.080 | State Statute of Limitations |
West Virginia | 2 years | Title 55, Ch. 2, Sec. 55-2-12 | State Statute of Limitations |
Wisconsin | 3 years | Chapter 893, Sec. 893.54 | State Statute of Limitations |
Wyoming | 4 years | Title 1, Ch. 3, Sec. 1-3-105 | State Statute of Limitations |
Statute of Limitations by State
Whenever you are injured in any type of an accident, it is in your best interest to file a claim as soon as possible. In addition, the laws for each state put a time limit on when you can file a claim. If you don’t file in the required time, you will lose your right to sue and recover money damages for your injuries. When you are injured in an accident, statute of limitations laws for the state must be observed. So if you want to file a claim in California for example then you could check out someone like the Nehora Law Firm to help you sue and recover money damages for your injuries. To find out what your state’s statute of limitations are for injury claims, find your state and click on it on the map below, or use the links on the side of this page:
Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The guides in this section provide limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims.
Alabama
Personal Injury Actions
A personal injury action must be filed within two years of the date of the injury.
Medical Malpractice Actions
All actions against health-care providers must be filed within two years after the date of the act giving rise to the injury occurred, or within six months of the date the injury was, or should have been, discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action.
Products Liability Actions
These actions must be filed within one year of the date that the injury occurred. However, in cases where the injury is not discovered before that time because it resulted from exposure to or ingestion of a harmful substance over time, the plaintiff has one year from the time that the injury is, or should have been, discovered to file suit.
Special Rules for Minors
Except in cases of medical malpractice, the limitations period begins to run on the minor’s 19th birthday.
Alaska
Personal Injury Actions
Personal Injury Actions must be filed within two years of the date of the injury. In Alaska, Personal Injury Actions include medical malpractice and product liability claims. Alaska has a “discovery rule” that tolls the limitations period. Under that rule, the statute of limitations begins to run when the injured person discovers, or should have discovered, the existence of the cause of action.
Special Rules for Minors
In Alaska, the statute of limitations begins to run on the minor’s 18th birthday.
Arizona
Personal Injury Actions
A personal injury action must be filed within two years of the date when the injury occurred. In Arizona, Personal Injury Actions include medical malpractice and products liability claims.
Special Rules for Minors
A minor must file suit within two years of his or her 18th birthday.
Arkansas
Personal Injury Actions
A personal injury action must be filed within three years from the date of the injury.
Medical Malpractice Actions
In Arkansas, a claim against a health-care provider must be filed within two years of the date that the negligent act or omission occurred.
Medical Malpractice Actions Based on Foreign Object Left in Body
In cases where a health-care provider leaves an object in a person’s body and the person did not discover and could not discover the foreign object within the two-year limitations period, the action may be commenced within one year from the date of discovery of the foreign object, or one year from the date it should have been discovered, whichever is earlier.
Products Liability
A products liability action must be filed within three years of the date of the injury.
Special Rules for Minors
In Arkansas, a person under 21 has three years after his or her 21st birthday to file suit.
In cases where a minor who suffers a medical injury and is nine years of age or younger at the time of the injury, the minor has until the later of the minor’s 11th birthday or two years from the act to file suit. If, however, no medical injury is known and could not have been reasonably discovered prior to the minor’s 11th birthday, the minor has until two years after the injury is known or reasonably could have been discovered, or until the minor’s 19th birthday, whichever is earlier, to file suit.
California
Personal Injury Actions
California requires an injured person to file a claim for personal injuries within two years of the date of the injury. This time limitation includes claims for personal injury caused by defective products.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years after the date of the injury or one year after the plaintiff discovers, or should have discovered, the injury, whichever occurs first. The only exception is for medical malpractice claims based on the presence of a foreign object found inside the injured person’s body. In that case, the statute of limitations will not begin to run until the person discovers, or should have discovered, the object. These time limitations also apply to minors six years of age and older. In the case of a minor under six, the action must be filed within three years of the date of the injury or before the minor’s eighth birthday, whichever time period is greater.
Special Rules for Minors
Except in cases of medical malpractice, a minor has two years from the date of his or her 18th birthday to file a tort claim.
Colorado
Personal Injury Actions
An action for personal injury must be filed within two years of the date that the injury occurred.
Motor Vehicle Accidents
In Colorado, one can file suit to recover damages for injuries sustained in a motor vehicle accident up to three years after the accident occurred.
Uninsured Motorist Claims
Uninsured motorist claims must be filed three years after the cause of action accrues.
Medical Malpractice
Actions against health-care providers must be filed within two years of date of the injury or within two years after the injury was, or should have been, discovered. In no event may a person file a medical malpractice claim more than three years after the act giving rise to the injury occurred.
Products Liability
Products liability suits must be filed within two years of the date of the injury.
Special Rules for Minors
The statute of limitations begins to run on the minor’s 18th birthday.
Connecticut
Personal Injury Actions
A personal injury action must be filed within two years of the date of the injury.
Medical Malpractice Actions
An injured person must file suit against a health-care provider within two years of the date the injury is first sustained or discovered. In no event can suit be filed more than three years from the date that the negligent act or omission occurred.
Products Liability Actions
These actions must be brought within three years of the date that the injury occurred or within three years of the date when the injury was, or should have been, discovered.
Special Rules for Minors
Connecticut has no statute that extends the limitations period in favor of minors.
Delaware
Personal Injury Actions
Personal injuries actions must be brought within two years of the date of the injury.
Medical Malpractice Actions
Claims against health-care providers must be brought within two years of the date that the injury occurred. If the injury was unknown and could not have discovered within the two-year time limit, the action may be brought within three years of the date of the injury, but in no event after the expiration of three years. Finally, minors under six have until their sixth birthday to file suit or within the two-year limitations period, whichever time period is greater.
Products Liability Actions
Products liability actions must be filed within two years after the plaintiff suffers the injury.
Special Rules for Minors
Except in the case of medical malpractice, there are no other special rules for minors.
Florida
Personal Injury Actions
Personal Injury Actions must be brought within four years of the date the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date when the act giving rise to the injury occurred, or within two years of the date when the injury was, or should have been, discovered. In no event may a medical malpractice action be filed more than four years from the date that the act giving rise to the cause of action occurred, except in cases where the plaintiff can show that fraud, concealment, or intentional misrepresentation prevented discovery of the injury. In those cases, the statute will be extended for two years, not to exceed seven years from the date of the injury. These time limitations apply to minors eight and older. In the case of a minor under eight, the child must file suit by his or her eighth birthday or within the limitations period discussed above, whichever time period is greater.
Products Liability Actions
Products liability actions must be brought within four years of the date of the injury.
Special Rules for Minors
Except in cases of medical malpractice, most negligence actions for injuries sustained by a minor must be brought within four years of the date of the injury. There are, however, special limited exceptions to this general rule.
Georgia
Personal Injury Actions
Personal Injury Actions must be brought within two years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. If a person was unable to discover his injury during this time, the limitations period will be extended. In no event, however, can a person bring a medical malpractice action after five years from the date that the act giving rise to the injury occurred. All minors who have reached the age of five years old are subject to these time limitations. A minor who has not reached five years of age has two years from the date of the minor’s fifth birthday to bring a medical malpractice action if the cause of action arose before he or she reached age five. A medical malpractice action cannot be brought by or on behalf of a minor after the minor’s tenth birthday if the minor was under five on the date the injury occurred. A medical malpractice action cannot be brought by or on behalf of a minor after five years from the date on which the injury occurred if the minor was five or older on the date of the injury.
Medical Malpractice Actions Based on a Foreign Object Left In Body
In cases where a health-care provider leaves an object in a person’s body, that person has one year from the date that the wrongful act was discovered to file suit.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, the limitations
Hawaii
Personal Injury Actions
Personal Injury Actions must be brought within two years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the plaintiff discovers, or should have discovered, the injury, but in no event can the action be filed more than six years after the date of the act that caused the injury. An action by a minor who is ten or older must be brought within six years from the date of the act that caused the injury. In the case of a minor under ten, the action must be filed within six years or by the minor’s tenth birthday, whichever time period is greater. This time limitation is also tolled for any period which the minor’s injury could not have been discovered by reasonable diligence.
Products Liability Actions
Generally, products liability actions must be brought within two years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, the limitations period begins to run on the minor’s 18th birthday.
Idaho
Personal Injury Actions
These actions must be brought within two years of the date the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury.
Special Rules for Minors
The statute of limitations begins to run on the minor’s 18th birthday.
Illinois
Personal Injury Actions
Personal Injury Actions must be brought within two years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date of discovery of the injury. In no event can suit be filed more than four years after the date that the act occurred. When a minor (under 18) suffers an injury because of medical malpractice, the action must be filed within eight years of the date of the injury, but in no event after the person’s 22nd birthday.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury. If the injury is not discovered within the two-year time limit, suit must be filed within two years of the date of discovery, but in no event more than eight years of the date that the injury occurred.
Special Rules for Minors
In medical malpractice cases, the minor’s age at the time of injury will determine when suit must be filed. In other cases, a person has two years after his or her 18th birthday to file an action.
Indiana
Personal Injury Actions
These actions must be brought within two years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred, regardless of age. Minors under six, however, have until their 8th birthday to file suit.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury, regardless of age.
Special Rules for Minors
The statute of limitations on ordinary negligence claims begins to run on the minor’s 18th birthday.
Iowa
Personal Injury Actions
These actions must be brought within two years of the date the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. If the injured person did not discover the injury, suit must be filed within two years of the date the injury was, or should have been discovered, but in no event more than six years after the date that the negligent act or omission occurred. These time limits apply to minors eight and older. A minor under eight years old must file suit within two years of the date the injury occurred or by his or her 10th birthday, whichever is later.
Products Liability Actions
Generally, products liability actions must be brought within two years after the plaintiff suffers the injury but there may be exceptions. For more information that may effect this general rule, please refer to Iowa statutory and case law.
Special Rules for Minors
Except in cases of medical malpractice, the statute of limitations is extended in favor of minors, so that they shall have one year from their 18th birthday within which to file suit.
Kansas
Personal Injury Actions
These actions must be brought within two years of the date that the negligent act causes substantial injury, unless the fact of injury is not reasonably ascertainable until some time after the initial act. In no event may suit be brought more than 10 years from the date that the act giving rise to the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred, unless the injury was not discovered during that time. In that case, suit must be filed within four years of the date that the act giving rise to the injury occurred.
Products Liability Actions
Generally, products liability actions brought under negligence theories must be filed within two years after the plaintiff suffers a substantial injury, and those actions brought under strict liability theories must be filed within two years after the injury occurs.
Special Rules for Minors
Minors have one year after their 18th birthday to file suit, but in no event more than eight years after the act giving rise to the injury occurred.
Kentucky
Personal Injury Actions
These actions must be brought within one year of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within one year of the date that the act giving rise to the injury occurred. If the injury is not discovered during that time, suit can be brought later, but in no event more than five years after the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within one year after the plaintiff suffers the injury.
Special Rules for Minors
The statute of limitations begins to run when a minor turns 18, or, if under 18, when the minor marries. In Kentucky, those under 18 can marry with parental consent.
Louisiana
Personal Injury Actions
These actions must be brought within one year of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within one year of the date that the act giving rise to the injury occurred, or one year from the date that the plaintiff discovers the injury. In no event can a medical malpractice action be filed more than three years from the date that the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within one year after the plaintiff suffers the injury.
Uninsured Motorist Claims
These claims must be filed within two years from the date of the accident.
Special Rules for Minors
The one-year statute of limitations does not run against minors (those under 18) in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing products liability actions in effect at the time of the injury.
Maine
Personal Injury Actions
Personal Injury Actions must be brought within six years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred. In the case of a minor, suit must be filed within six years of the act or within three years after the minor reaches 18, whichever comes first.
Products Liability Actions
Products liability actions must be brought within six years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, minors have six years after their 18th birthday to file suit.
Maryland
Personal Injury Actions
These actions must be brought within three years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within five years of the date that the act giving rise to the injury occurred, or within three years after the injury was discovered. In the case of a minor under 11 years of age, the statute of limitations begins to run on the minor’s 11th birthday. Additionally, when a minor under 16 suffers an injury to the reproductive system or an injury caused by a foreign agent negligently left in the body, the statute of limitations begins to run on the child’s 16th birthday.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, a minor must file suit within three years of his or her 18th birthday or within the time set in the particular statute, whichever comes first.
Massachusetts
Personal Injury Actions
These actions must be brought within three years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred or within three years of its discovery. In no event can the statute of limitations be extended more than seven years after the date that the act giving rise to the injury occurred, unless the action is based on a foreign object being left in the body. In that case, the limitations period begins to run when the plaintiff discovered, or should have discovered, the foreign object. Minors under six have until their ninth birthday to file suit, but in no event more than seven years after the date of the act giving rise to the injury occurred. The three year statute of limitations applies to minors six and older.
Motor Vehicle Hit and Run Actions
These cases must be filed within six months after the injured person learns the identity of the negligent driver. In no event can an action be brought after the expiration of three years of the date on which the accident occurred.
Products Liability Actions
Generally, products liability actions must be brought within three years after the plaintiff suffers the injury. Depending on the nature of the claim, however, a different limitations period may apply.
Special Rules for Minors
Except in cases of medical malpractice, the statute of limitations begins to run on a person’s 18th birthday.
Michigan
Personal Injury Actions
Personal Injury Actions must be brought within three years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred, or within six months after the plaintiff discovers, or should have discovered the injury, whichever date is later, but in no event more than six years after the date that the act occurred. In the case of a minor under eight years of age, the action must be commenced by the minor’s 10th birthday or within two years of the date of the injury, whichever time period is greater. Additionally, in cases where a minor under 13 suffers an injury to the reproductive system, the action must be filed by the minor’s 15th birthday or within the general two-year medical malpractice statute of limitations, whichever time period is greater. In all other medical malpractice cases involving minors under 18, the minor has one year after his or her birthday to file suit, but in no event less than two years after the date of the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, minors have one year after their 18th birthday to file suit, but in no event can the time period be lessened below the period provided in the statute of limitations that actually applies to the action.
Minnesota
Personal Injury Actions
Depending on the nature of the claim, either a two-year or a six-year statute of limitations will apply. Actions based on “ordinary negligence,” for example, carry a six-year statute. In cases where an injury was caused by a defective or unsafe condition of real estate, a two-year limitations period applies.
Medical Malpractice Actions
Actions against health-care providers must be filed within four years of the date that the act giving rise to the injury occurred.
Products Liability Actions
Depending on the circumstances and nature of the claim, a two, four, or six-year statute of limitations could apply.
Special Rules for Minors
The statute of limitations begins to run on the minor’s 18th birthday.
Mississippi
Personal Injury Actions
Personal Injury Actions must be brought within three years of the date when the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred, or within two years of the date when the injury was, or should have been, discovered. In no event can a person file a medical malpractice action more than seven years from the date that the negligent act or omission occurred. These time limits apply to minors six and older. In the case of minors under six years of age, medical malpractice actions must be filed within two years of the date of the child’s sixth birthday. Mississippi also requires all persons who intend to file a medical malpractice action to give a 60-day written notice of action to the defendant.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, the statute of limitations begins to run on the minor’s 21st birthday.
Missouri
Personal Injury Actions
These actions must be brought within five years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. Children under 18 must file a medical malpractice action by their 20th birthday.
Medical Malpractice Action Based on Insertion of Foreign Object into the Body or Failure to Inform
These types of medical malpractice actions must be filed within two years of the date that the injury was discovered, and in no event more than 10 years after the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within five years after the plaintiff suffers the injury.
Montana
Personal Injury Actions
These actions must be brought within three years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date when the act giving rise to the injury occurred, or within three years from the date that the injury was, or should have been, discovered. In no event may a person file a medical malpractice claim more than five years after the act giving rise to the injury occurred. These rules apply to minors that are four years of age and older. In the case of minors under four, the statute begins to run on the minor’s eighth birthday.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, the statute of limitations begins to run on the minor’s 18th birthday.
Nebraska
Personal Injury Actions
These actions must be brought within four years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. If the injury is not discovered within the two-year period, then the action must be filed within one year from the date that the injury was, or should have been, discovered, whichever is earlier. In no event may a medical malpractice action be filed more than 10 years after the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within four years after the plaintiff suffers the injury.
Special Rules for Minors
The statute of limitations begins to run on the minor’s 20th birthday.
Nevada
Personal Injury Actions
These actions must be brought within two years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within four years of the date that the act giving rise to the injury occurred, or within two years after the injury was, or should have been, discovered, whichever is earlier. In Nevada, parents are responsible for bringing medical malpractice actions on behalf of their minor children within the limitations period. There are, however, two exceptions that extend the limitations period in favor of minors. In cases where a minor’s injury results in brain damage or a birth defect, suit must be filed by the child’s 10th birthday. In cases where a minor’s injury results in sterility, the action must be filed within two years of the date the injury was discovered.
Products Liability Actions
Products liability actions must be brought within four years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, the statute of limitations begins to run on the minor’s 18th birthday.
New Hampshire
Personal Injury Actions
Personal Injury Actions must be brought within three years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. This limitations period applies to minors who are eight and older. A minor under eight has until his or her 10th birthday to file a medical malpractice action.
Medical Malpractice Actions Based on Insertion of Foreign Objects
In these cases, suit must be filed within two years of insertion of the foreign object or within two years of discovering the foreign object, whichever is earlier. This rule applies to minors.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury or within three years of discovering the injury. In no event may a products liability action be brought more than 12 years after the product was manufactured and sold.
Special Rules for Minors
Except in cases of medical malpractice, minors have two years from their 18th birthday to file suit.
New Jersey
Personal Injury Actions
These actions must be brought within two years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date when the injury was, or should have been, discovered. An action filed by or on behalf of a minor for medical malpractice injuries sustained at birth must be brought before the child’s 13th birthday.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years of the date the injury was, or should have been, discovered.
Special Rules for Minors
Except in cases of medical malpractice injuries suffered at birth, the statute of limitations begins to run on the minor’s 21st birthday.
New Mexico
Personal Injury Actions
Personal Injury Actions must be brought within three years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury or within three years of the date that the plaintiff discovered, or should have discovered, the injury.
Special Rules for Minors
Minors have one year from the date of their 18th birthday to file suit.
New York
Personal Injury Actions
These actions must be brought within three years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years and six months after the date of the act that gave rise to the injury occurred.
Medical Malpractice Actions Based on the Insertion of a Foreign Object
These actions must be filed within one year of the date that the foreign object was, or should have been, discovered, whichever is earlier.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.
Special Rules for Minors
A minor has three years from the date of his or her 18th birthday to file suit. However, New York law provides that the limitations period can be extended in favor of minors for more than 10 years after the act giving rise to the injury occurred, except in cases of medical malpractice.
North Carolina
Personal Injury Actions
These actions must be brought within three years of the date when bodily harm caused by a negligent act is apparent or should have been apparent, whichever occurs first. In no event can suit be filed more than 10 years after the act giving rise to the injury occurred.
Medical Malpractice Actions
In North Carolina, a cause of action for medical malpractice accrues at the time of the occurrence of the last act giving rise to the injury. Suit must be filed within three years of this date or two years after the date the injury was, or should have been, discovered. In no event can a person bring a medical malpractice action more than four years after the last act giving rise to the injury occurred. Actions on behalf of minors arising out of the performance or failure to perform professional services must be filed within these time limits, except if the limits expire before the minor reaches age 19. In that case, the action may be brought before the minor’s 19th birthday.
Medical Malpractice Actions Based on the Insertion of a Foreign Object
These actions must be filed within one year of the date of discovery of the foreign object or within one year when the object should have been discovered. In no event can a person file suit for insertion of a foreign object more than 10 years after the last act giving rise to the object’s insertion occurred.
Products Liability Actions
In cases of personal injury caused by a defective product or a product failure, the plaintiff cannot file suit more than six years from the date of the initial purchase of the product.
Special Rules for Minors
Except in certain cases of medical malpractice, a minor must file suit within three years of his or her 18th birthday, and at no time thereafter.
North Dakota
Personal Injury Actions
These actions must be brought within two years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date when the injury was, or should have been, discovered. In no event can a medical malpractice action be brought more than six years after the act giving rise to the injury occurred. The statute of limitations is extended in favor of minors, but the extension is limited to 12 years after the date of the act giving rise to the claim occurred.
Products Liability Actions
In most cases, a six-year statute of limitations applies.
Special Rules for Minors
The statute of limitations on personal injury actions begins to run on the minor’s 18th birthday.
Ohio
Personal Injury Actions
These actions must be brought within two years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within one year of the date that the act giving rise to the injury occurred. However, if the plaintiff gives the defendant written notice of the claim within one year of the date of the injury, suit may be filed within 180 days after the notice is given.
Medical Malpractice Actions Based on the Insertion of a Foreign Object
These cases must be filed within one year of the date that the foreign object was discovered or should have been discovered. In no event can the action be filed more than four years after the foreign object was inserted into the plaintiff’s body.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury.
Special Rules for Minors
The statute of limitations begins to run on the minor’s 18th birthday.
Oklahoma
Personal Injury Actions
Personal Injury Actions must be brought within two years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. In the case of a minor under 12, the minor’s parent or guardian must bring suit on behalf of the minor within seven years after the act giving rise to the injury occurred. If the minor was injured at age 12 or older, he or she has one year after turning 18 to file suit, but in no event may such a minor file suit less than two years after the date of the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, a minor has one year after his or her 18th birthday to file suit.
Oregon
Personal Injury Actions
These actions must be brought within two years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date when the injury was, or should have been, discovered. In no event may a medical malpractice action be filed more than five years after the date of the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years of the date when the injury was, or should have been, discovered. In no event may a person file a products liability action more than eight years after the product was purchased or used, except in cases where the injury was later discovered. In those cases, the action cannot be filed more than 10 years after the product was first purchased or used.
Special Rules for Minors
Generally, the statute of limitations begins to run on a minor’s 18th birthday. In cases of medical malpractice, however, the minor must bring the action within five years of the date of the act that gave rise to the injury occurred.
Pennsylvania
Personal Injury Actions
A personal injury action must be filed within two years of the date when the injury occurred. In Pennsylvania, personal injury actions include medical malpractice and products liability claims. Pennsylvania does, however, have a “discovery rule,” which, in limited cases, extends the time for filing a personal injury action. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows, or should have known, that he or she was injured and that the injury was caused by another’s conduct.
Special Rules for Minors
An “unemancipated minor” must file suit within two years of his or her 18th birthday. An “unemancipated minor” is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.
Rhode Island
Personal Injury Actions
Personal Injury Actions must be filed within three years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred or within three years of the date the injury was, or should have been, discovered. A minor must file a medical malpractice action within three years of his or her 18th birthday.
Products Liability Actions
Products liability actions must be brought within three years of the date of the injury and in no event more than ten years after the cause of action accrued.
Special Rules for Minors
Except in the case of medical malpractice, the statute of limitations begins to run on the minor’s 18th birthday.
South Carolina
Personal Injury Actions
These actions must be brought within three years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred or within three years when the injury was, or should have been, discovered. In no event may a person file a medical malpractice action more than six years after the act giving rise to the injury occurred. In the case of minors under 18, the statute of limitations for a medical malpractice action cannot be tolled more than seven years after the act giving rise to the injury occurred, nor can it be tolled more than one year after the minor turns 18.
Medical Malpractice Actions Based on the Insertion of a Foreign Object
These actions must be filed within two years after the foreign object is, or should have been, discovered. In no event shall the limitations period be less than three years after placement of the object into the plaintiff’s body.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, minors have one year from the date of their 18th birthday to file suit.
South Dakota
Alaska
Personal Injury Actions
Personal Injury Actions must be brought within three years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. In the case of a minor under six, the child has two years after his or her sixth birthday to file a medical malpractice action. In the case of minors six and older, the minor must file suit within three years of the date of the act giving rise to the injury.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury or within three years of the date the injury was, or should have been, discovered.
Special Rules for Minors
Except in cases of medical malpractice, the statute of limitations is tolled until the minor’s 18th birthday, but an action cannot be brought more than one year after the minor’s 18th birthday.
Tennessee
Personal Injury Actions
These actions must be brought within one year of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within one year of the date that the act giving rise to the injury occurred or within one year from the date of discovery, but in no event more than three years from the date that the negligent act occurred.
Medical Malpractice Actions Based on Insertion of Foreign Object into the Body
These types of medical malpractice actions must be brought within one year after the wrongful act is, or should have been, discovered.
Products Liability Actions
Products liability actions must be brought within one year after the plaintiff suffers the injury.
Special Rules for Minors
The statute of limitations begins to run on the minor’s 18th birthday.
Texas
Personal Injury Actions
These actions must be filed within two years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be brought within two years of the date that the act giving rise to the injury occurred. This statute applies to minors 12 and older. Minors under 12 have until their 14th birthday to file suit. Claims against managed care entities and HMOs must comply with various utilization review requirements under the Texas Insurance Code before suit can be filed.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, the statute of limitations begins to run on the minor’s 18th birthday.
Utah
Personal Injury Actions
Generally, personal injury actions must be brought within four years of the date of the injury. Depending on the facts, however, some cases must be brought within two years. For example, in cases where the negligence of another caused death, the action must be brought within two years.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years from the date that the injury was, or should have been, discovered. In no event may a person file a medical malpractice action more than four years from the date of the act giving rise to the injury. These time limitations also apply to minors under 18.
Medical Malpractice Actions Based on Insertion of a Foreign Object
In these cases, suit must be filed within two years of insertion of the object or within two years from the date the plaintiff discovered, or should have discovered, the object. These time limitations also apply to minors under 18.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years from the date the plaintiff discovered, or should have discovered, the injury.
Special Rules for Minors
Except in cases of medical malpractice, the statute of limitations begins to run on the minor’s 18th birthday.
vermont
Personal Injury Actions
These actions must be brought within three years of the date that the injury occurred.
Personal Injury Actions Based on Skiing Accidents
Claims for injuries suffered while skiing must be brought within one year.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred or within two years of the date that the injury was, or should have been, discovered. In no event may suit be filed more than seven years from the date that the act giving rise to the injury occurred.
Medical Malpractice Actions Based on Insertion of Foreign Object
If a foreign object is not discovered within the three-year medical malpractice statute of limitations, the plaintiff may file suit within two years of the date that the object was, or should have been, discovered.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.
Special Rules for Minors
The statute of limitations begins to run on the minor’s 18th birthday.
Virginia
Personal Injury Actions
Personal Injury Actions must be brought within two years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. In the case of minors under the age of eight, the minor has until his or her 10th birthday to file suit. In the case of minors eight and older, suit must be filed within two years of the date that the act giving rise to the injury occurred.
Medical Malpractice Actions Based on Insertion of Foreign Object
In these cases, suit must be filed within one year from the date that the object was, or should have been, discovered. In no event may suit be filed more than 10 years from the date that the object was actually inserted.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, the statute of limitations begins to run on the minor’s 18th birthday.
Washington
Personal Injury Actions
These actions must be brought within three years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred or within one year after the date the injury was, or should have been, discovered, whichever is later. In no event may a medical malpractice action be filed more than eight years after the act giving rise to the injury occurred. A parent’s knowledge of a medical malpractice injury to his or her minor child is imputed on the parent.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury or within three years of the date when the injury was, or should have been, discovered.
Special Rules for Minors
Except in cases where a parent has knowledge of a medical malpractice injury, the statute of limitations begins to run on the minor’s 18th birthday.
Washington D.C.
Personal Injury Actions
Personal Injury Actions must be brought within three years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred.
Products Liability Actions
Products liability actions must be brought within three years of the date of the injury.
Special Rules for Minors
The limitations period begins to run on the minor’s 18th birthday.
West Virginia
Personal Injury Actions
Personal Injury Actions must be brought within two years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date the injury was, or should have been, discovered. In no event may a medical malpractice action be brought more than ten years after the date of the injury. A cause of action for injury to a minor under 10 at the time of the injury must be brought within two years of the date of the injury or prior to the minor’s 12th birthday, whichever provides the longer period.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years of the date the injury was, or should have been, discovered.
Special Rules for Minors
Except in cases of medical malpractice, the statute of limitations begins to run on the minor’s 18th birthday.
Wisconsin
Personal Injury Actions
These actions must be brought within three years of the date of the injury.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred or within one year from the date that the injury was, or should have been, discovered. In no event may a person file a medical malpractice claim more than five years from the date that the act giving rise to the injury occurred. In the case of a minor, suit must be filed by the minor’s 10th birthday or within the general medical malpractice limitations period, whichever is later.
Medical Malpractice Actions Based on Insertion of Foreign Object
These types of medical malpractice actions must be brought within one year of the date when the patient is aware, or should have been aware, of the presence of the object, whichever is later.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, a minor has two years from the date of his or her 18th birthday to file suit.
Wyoming
Personal Injury Actions
These actions must be brought within four years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years after the injury was, or should have been, discovered. In the case of minors, suit must be filed within the two-year medical malpractice limitations period or by the minor’s eighth birthday, whichever time period is greater.
Products Liability Actions
Products liability actions must be brought within four years after the plaintiff suffers the injury.
Special Rules for Minors
Except in cases of medical malpractice, minors have three years after their 18th birthday to file suit.