Personal Injury Statute of Limitations

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 personal injury 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. 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. If in doubt, call your attorney.

I

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. 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.

top of page

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.

top of page

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.

top of page

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.

top of page

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 with a medical malpractice law firm 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.

top of page

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.

top of page

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.

top of page

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.

top of page

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.

top of page

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

top of page

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.

top of page

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.

top of page

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.

top of page

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.

top of page

Iowa

Personal Injury Actions

These actions must be brought within two years of the date the injury occurred.