Personal Injury Statute of Limitations by State — 2026

A statute of limitations is a legal deadline by which a lawsuit must be filed. In personal injury law, this clock typically starts running on the date of the injury — the accident, the medical error, the workplace incident. If you do not file suit before the deadline expires, your case is barred by law regardless of how strong the underlying facts are. No exceptions, no grace periods, no second chances.

Deadlines vary significantly by state and by case type within the same state. Medical malpractice has different (often shorter) windows than standard personal injury. Wrongful death may differ from the underlying injury claim. Workers' compensation is governed by entirely separate administrative deadlines. The table below covers all 50 states and the District of Columbia.

Why This Deadline Matters More Than Anything Else

In personal injury law, there is no more fatal mistake than missing the statute of limitations. A client with $500,000 in damages, iron-clad liability, and every piece of evidence preserved loses everything the moment the deadline passes. Courts have no discretion — they must dismiss the case. This is not a technicality that lawyers can work around; it is an absolute bar.

The discovery rule is the primary exception. Under this doctrine, the statute does not begin to run until the plaintiff knew, or through reasonable diligence should have known, that they were injured and that the injury was attributable to the defendant's conduct. This rule primarily applies in medical malpractice cases where harm is not immediately apparent, and in latent injury cases such as asbestos exposure.

Tolling — pausing the clock — is available in limited circumstances. The statute is tolled during minority (the clock pauses until the injured person turns 18 in most states), during periods of mental incapacity, when the defendant is absent from the state, and in cases of fraudulent concealment. Government entity claims carry their own separate notice requirements — often just 6 months — that must be satisfied before the civil limitations period even becomes relevant.

Statute of Limitations by State — Complete Table

WC column reflects time to file a workers' compensation claim with the state board, not a civil lawsuit. All values in years unless noted in days. Consult an attorney — exceptions and tolling rules can extend or shorten these deadlines.

States With the Shortest Deadlines

Louisiana stands out with a 1-year statute of limitations for personal injury, wrongful death, and most other tort claims — the shortest in the country for standard PI cases. Combined with a Louisiana-specific prescriptive period rule, the clock can begin running immediately and offers no grace for claimants who delay seeking counsel.

Kentucky has a 1-year limitations period for both personal injury and medical malpractice, making it one of the most urgent states for injured claimants. Tennessee also imposes a 1-year window for personal injury cases. Ohio medical malpractice claims must be filed within 1 year of the negligent act or discovery. Any of these states requires immediate action — do not wait to consult an attorney.

On the other end of the spectrum, Maine allows 6 years for personal injury and slip-and-fall claims, and North Dakota allows 6 years as well. Missouri gives plaintiffs 5 years. These longer windows do not mean claimants should delay — evidence deteriorates, witnesses move, memories fade — but they do provide more runway.

When the Clock Starts — and When It Doesn't

The default rule is that the statute of limitations begins running on the date of the injury. For a car accident, that is the date of the crash. For a slip-and-fall, it is the date of the fall. But several important exceptions modify when the clock begins.

The discovery rule delays the clock start until the plaintiff discovered, or should have discovered, that they were harmed and that harm was caused by the defendant's conduct. Minors receive tolling in virtually every state — the statute pauses until the injured person turns 18, at which point they have the full statutory period to file. Where a defendant fraudulently conceals the injury or their identity, the clock pauses until the plaintiff could reasonably have discovered the truth. When the defendant leaves the state, some states toll the clock for the duration of the defendant's absence.