What is the personal injury statute of limitations?
The statute of limitations is a very important factor in liability litigation since it determines the time period within which victims of a personal injury tort can file a personal injury claim in court. The statute of limitations specifies a period of time to report an accident starting the moment it has occurred or the moment the harmed person has discovered the personal injury.
Every state has their own specific legislation outlining the statute of limitations for personal injuries. The period to file a claim ranges from six months to six years, depending on the state (see Table 1).
If a personal injury claim is filed after the period set by the statute of limitations of the respective state, the lawsuit will be dismissed for being untimely.
| State | Period of Limitation |
|---|---|
| Alabama | 2 years |
| Alaska | 2 years |
| Arizona |
2 years;
1 year for slander or libel |
| Arkansas |
1 year for
slander;
2 years for medical malpractice; 3 years for wrongful death or libel |
| California |
1 year for libel or slander;
2 years for intentional torts |
| Colorado |
1 year for slander or libel;
2 years for other personal injuries |
| Connecticut | 2 years |
| Delaware | 2 years |
| District of Columbia |
3 years;
1 year for slander or libel |
| Florida |
4 years;
2 years for slander, libel and medical malpractice |
| Georgia |
2 years;
1 year for libel/slander |
| Hawaii | 2 years |
| Idaho | 2 years |
| Illinois |
2 years;
1 year for defamation |
| Indiana | 2 years |
| Iowa | 2 years |
| Kansas |
2 years;
1 year for libel or slander |
| Kentucky | 1 year |
| Louisiana | 1 year |
| Maine |
6 years;
2 years for libel/slander |
| Maryland |
3 years;
1 year for libel/slander |
| Massachusetts | 3 years |
| Michigan |
3 years;
1 year for libel/slander |
| Minnesota | 2 years |
| Mississippi |
3 years;
1 year for libel or slander; 2 years for malpractice |
| Missouri |
5 years;
2 years for malpractice; 2 years for libel/slander |
| Montana |
3 years;
2 years for libel/slander |
| Nebraska |
4 years;
2 years for malpractice; 1 year for libel or slander |
| Nevada | 2 years |
| New Hampshire | 3 years |
| New Jersey |
2 years;
1 year for libel or slander |
| New Mexico | 3 years |
| New York |
3 years;
1 year for libel or slander; 2 ½ years for malpractice |
| N. Carolina |
3 years;
2 years for wrongful death; 1 year for libel/slander |
| N. Dakota |
6 years;
2 years for wrongful death, libel or slander |
| Ohio | 2 years |
| Oklahoma |
2 years;
1 year for libel/slander |
| Oregon |
1 year for
libel/slander;
2 years for personal injury; 2 years for medical malpractice |
| Pennsylvania |
2 years;
1 year for libel or slander |
| Rhode Island |
3 years;
1 year for libel or slander |
| South Carolina |
3 years;
2 years for libel/slander |
| South Dakota |
3 years;
2 years for libel, slander, or medical malpractice |
| Tennessee |
1 year;
6 months for libel/slander |
| Texas |
2 years;
1 year for libel/slander |
| Utah |
4 years;
1 year for libel/slander; 2 years for wrongful death |
| Vermont | 3 years |
| Virginia |
2 years;
1 year for libel or slander |
| Washington |
3 years;
1 year for libel or slander |
| West Virginia | 2 years |
| Wisconsin |
3 years;
2 years for libel/slander |
| Wyoming |
4 years;
1 year for libel/slander |
Table 1. Personal Injury Statute of Limitations by State.
| Not a bit | Very useful |
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