Should You Claim for a Non-Injury Accident?
Auto accidents happen every day, and they come in all shapes and sizes. We often hear about the devastating multi-vehicle pile-ups or drunk-driving crashes resulting in severe injury — or,…
If you’ve been in an accident, whether a car accident, truck accident, or a slip and fall at work, you could be entitled to compensation to cover your medical bills, lost earnings, pain and suffering, and more.
But did you know there’s a time limit for making your claim?
If you fail to start your claim within the statute of limitations, you release the negligent party of all liability — whether that’s the driver who caused your auto accident, the manufacturer who designed a hazardous product, or the employer who failed to keep you safe at work.
Don’t let the ticking clock ruin your chance to secure compensation after an accident. Book a free case review with our personal injury lawyer in San Antonio and McAllen to understand how the Texas statute of limitations impacts your claim.
However, the personal injury statute of limitations differs by state, so how long do you have to file your claim?
Scroll below to take our quiz and see if your accident falls within the statute of limitations.
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Take the Quiz: Find Out If You Are within the Statute of Limitations
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Personal Injury Statute of Limitations: The Legislation
Quickly see the personal injury statute of limitations where your accident happened, along with the legislation that determines how long you have to claim.
| State | Statute of Limitations | Governing Legislation |
| Alabama | 2 years | Title 6, Chapter 2, 6-2-38 |
| Alaska | 2 years | Alaska Statutes § 9.10.070 |
| Arizona | 2 years | Title 12, Article 3, § 12-542 |
| Arkansas | 3 years | Arkansas Code Annotated § 16-56-105 |
| California | 2 years | Code of Civil Procedure § 335.1 |
| Colorado | 2 years
3 years for auto accident claims |
Colorado Revised Statute § 13-80-102
13-80-101 |
| Connecticut | 2 years | Connecticut General. Statute § 52-584 |
| Delaware | 2 years | Title 10, 81, § 8119 |
| District of Columbia (D.C.) | 3 years | Title 12, Chapter 3, § 12-301 |
| Florida | 4 years | Title 8, Chapter 95, § 95.11 |
| Georgia | 2 years | Official Code of Georgia Annotated § 9-3-33 |
| Hawaii | 2 years | Hawaii Revised Statute § 657.7 |
| Idaho | 2 years | Title 5, Chapter 2, § 5-219 |
| Illinois | 2 years | Chapter 110, § 13-202 |
| Indiana | 2 years | Title 34, Art. 11, Chapter 2, § 34-11-2-4 |
| Iowa | 2 years | Chapter 614, Section 614.1 |
| Kansas | 2 years | Chapter 60, Art 5, § 60-513 |
| Kentucky | 1 year
2 years for auto accident claims |
Title 36, Chapter 413, § 413.140
Title 25, Chapter 304, Subtitle 39, § 304.39.230. |
| Louisiana | 1 year | Louisiana Civil Code Title 24, Chapter 4, Section 1, Article 3492 |
| Maine | 6 years | Maine Revised Statutes Annotated Title 14, § 752 |
| Maryland | 3 years | Courts and Judicial Proceedings, § 5-101 |
| Massachusetts | 3 years | Title 5, Chapter 260, § 2A |
| Michigan | 3 years
1 year for personal injury protection insurance claims |
Michigan Compiled Laws § 600.5805
§500.3145 |
| Minnesota | 2 years | Chapter 541, Sec 541.07 |
| Mississippi | 3 years | Title 15, Chapter 1, § 15-1-49 |
| Missouri | 5 years | Title 35, Chapter 516, § 516.120 |
| Montana | 3 years | Title 27, Chapter 2, 27-2-204 |
| Nebraska | 4 years | Title 25, Section 207, 25-207 |
| Nevada | 2 years | Chapter 11, Sec 11.190 |
| New Hampshire | 3 years | Chapter 508, § 508.4 |
| New Jersey | 2 years | Title 2A, Chapter 14, § 2A:14-2 |
| New Mexico | 3 years | Chapter 37, Article 1, § 37-1-8 |
| New York | 3 years | Civil Practice Law & Rules, Article 2, § 214 |
| North Carolina | 3 years | Title 1, § 1-52 |
| North Dakota | 6 years
2 years for wrongful death claims |
Title 28, Chapter 1, § 28-01-16
28-01-18 |
| Ohio | 2 years | Title 23, Chapter 5, § 2305.10 |
| Oklahoma | 2 years | Title 12, Chapter 3, § 95 |
| Oregon | 2 years
3 years for wrongful death claims |
Chapter 12, § 12.110
Chapter 30, § 30.020 |
| Pennsylvania | 2 years | 42 PA Con. Statute § 5524 |
| Rhode Island | 3 years | Title 9, Chapter 1, § 9-1-14 |
| South Carolina | 3 years | Title 15, Chapter 3, § 15-3-530 |
| South Dakota | 3 years | Title 15, Chapter 2, § 15-2-14 |
| Tennessee | 1 year | Title 28, Chapter 3, § 28-3-104 |
| Texas | 2 years | Title 2, Chapter 16, § 16.003 |
| Utah | 4 years
2 years for wrongful death claims |
Title 78B, Chapter 2, § 78B-2-307
78B-2-304 |
| Vermont | 3 years | Title 12, Chapter 23, Subchapter 2, § 512 |
| Virginia | 2 years | Title 8.01, Chapter 4, § 8.01-243 |
| Washington | 3 years | Title 4, Chapter 16, § 4.16.080 |
| West Virginia | 2 years | Title 55, Chapter 2, § 55-2-12 |
| Wisconsin | 3 years
2 years for wrongful death claims arising from a motor vehicle accident |
Chapter 893, § 893.54 |
| Wyoming | 4 years | Title 1, Chapter 3, § 1-3-105 |
What Is the Statute of Limitations?
Every state defines a period within which you must bring legal action. Unique statutes of limitation exist for different types of legal action, such as criminal and civil, and there are often separate time frames for subcategories of these types of law.
For example, there is no time limit to file charges for murder, manslaughter, and several sex crimes in Texas, but there is a five-year statute of limitations for robbery and a two-year time limit for misdemeanors.
Within civil law, you’ll see different statutes of limitation for personal injury versus fraud, libel, and contracts. In some states, there is further differentiation based on the type of claim, with unique time limits for general personal injury, medical malpractice, and auto accident claims.
Why Is There a Statute of Limitations on Personal Injury Claims?
The statute of limitations is a fundamental building block of our justice system. It encourages timely action and allows people to move forward without the fear of being sued years or even decades later.
The statute of limitations also gives you the best chance of securing the right result.
In a world without a personal injury statute of limitations, there would be no urgency, and this presents a problem when collecting evidence. Witnesses may move away, and even if you could track them down, it’s unlikely they’d be able to remember what happened. A strict time limit ensures you can collect the credible evidence you need to bring a claim.
When Does the Timer Start Running?
In general, the statute of limitations starts running from the day of the incident or event. This generally means the clock will start on the day of your accident for a personal injury claim.
For example, if you were injured in a truck accident in Texas on January 3rd, 2023, there is a two-year statute of limitations, so you will have to file your claim by January 3rd, 2025.
However, there are exceptions to this rule. The most common exception protects those who have been injured but may not become aware of it until much later. For example, an individual might have had routine abdominal surgery four years ago and recently started experiencing pain and bloating. If tests reveal that a piece of sponge was left in their body during the procedure, they might be entitled to file a medical malpractice claim even if the statute of limitations has passed.
With this exception, the statute of limitations typically starts from when you first discover your injuries or when you reasonably should have discovered them. There may also be exceptions when a child is injured.
These exceptions mean you may still be entitled to compensation even if your accident happened several years ago. A personal injury lawyer can assess your case and determine if any exceptions apply to your situation. Most firms — including our Texas personal injury law firm — offer a free, no-obligation case review and work on a contingency basis, meaning you only pay legal fees if you have a case and win, so you have nothing to lose by exploring your legal options.
Personal Injury Statute of Limitations in Alabama
According to Title 6 (Civil Practice) Chapter 2 (Limitations of Actions), Article 2 (Time Provisions), Section 38 (6-2-38) of The Code of Alabama, the personal injury statute of limitations is two years.
Personal Injury Statute of Limitations in Alaska
According to Title 9 (Code of Civil Procedure), Chapter 10 (Limitations of Actions), Section 70 (9.10.070) of the Alaska State Legislature, the personal injury statute of limitations is two years.
Personal Injury Statute of Limitations in Arizona
According to Title 12 (Courts and Civil Proceedings), Chapter 5 (Limitations of Actions), Article 3, Section 42 (12-542) of the Arizona State Legislature, the personal injury statute of limitations is two years.
Personal Injury Statute of Limitations in Arkansas
According to Title 16 (Practice, Procedure, And Courts), Subtitle 5 (Civil Procedure Generally), Chapter 56 (Limitation Of Actions), Subchapter 1 (General Provisions), Section 105 (16-56-105) of the Arkansas Code Annotated, the personal injury statute of limitations is three years.
Additional legislation governs wrongful death and medical injury.
The statute of limitations for wrongful death claims in Arkansas is three years — the same time limit for most other types of personal injury claims — as outlined in Title 16, Subtitle 5, Chapter 62, Section 102 (16-62-102).
Title 16, Subtitle 7, Chapter 114, Subchapter 2, Section 203 (16-114-203) states that the statute of limitations for medical malpractice actions is two years from the date of the wrongful act. However, there are several exceptions:
- When the medical malpractice claim concerns the discovery of a foreign object in the body that is not discovered — or could not reasonably have been discovered — within two years, a suit may be filed within one year from the date of discovery or when the object reasonably should have been discovered, whichever is earlier.
- If the individual injured is nine years old or younger during the accident, the person claiming on their behalf has two years to commence an action or until the minor’s eleventh birthday.
Personal Injury Statute of Limitations in California
According to Part 2 (Of Civil Actions), Title 2 (Of the Time of Commencing Civil Actions), Chapter 3 (The Time of Commencing Actions Other Than for the Recovery of Real Property), Section 335.1 of the Code of Civil Procedure, the statute of limitations is two years.
Exceptions apply in different circumstances. For example, for claims for injury or illness resulting from asbestos exposure, the statute of limitations is one year (Section 340.2). Medical malpractice claims must be filed within three years of the date of injury or one year after the injury was discovered (Section 340.5).
Personal Injury Statute of Limitations in Colorado
According to Title 13 (Courts and Court Procedure), Article 80 (Limitation of Actions), Section 102 (13-80-102) of The Colorado Revised Statutes (C.R.S.), the statute of limitations for general personal injury claims is two years.
However, there is an exception for auto accident claims. Section 101 states, “all tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle” are subject to a three-year time limit.
Personal Injury Statute of Limitations in Connecticut
According to Title 52 (Civil Actions), Chapter 926 (Statute of Limitations), Section 584 (52-584) of the Connecticut General Statutes, the statute of limitations for “injury to person or property caused by negligence, misconduct or malpractice” is two years from the date of injury, or two years from the date the injury reasonably ought to have been discovered.
Personal Injury Statute of Limitations in Delaware
According to Title 10 (Courts and Judicial Procedure), Chapter 81 (Personal Actions), Section 119 (Personal Injuries) of the Delaware Code, the statute of limitations is two years.
Personal Injury Statute of Limitations in the District of Columbia (D.C.)
According to Title 12 (Right to Remedy), Chapter 3 (Limitation of Actions), Section 301 (12-301) of the Code of the District of Columbia, the statute of limitations for personal injury is three years.
Personal Injury Statute of Limitations in Florida
According to Title 8 (Limitations), Chapter 95 (Limitations of Actions; Adverse Possession), Section 11 (Limitations other than for the recovery of real property) of the Florida Statutes, the statute of limitations for personal injury claims is four years.
However, there are exceptions for medical malpractice and wrongful death (in which case, the statute of limitations is two years).
Personal Injury Statute of Limitations in Georgia
According to Title 9 (Civil Practice), Chapter 3 (Limitations of Actions), Article 2 (Specific Periods of Limitation), Section 33 (9-3-33) of the Code of Georgia Annotated, the personal injury statute of limitations is two years.
An exception applies for claims involving loss of consortium, which must be brought within four years.
Personal Injury Statute of Limitations in Hawaii
According to Volume 13, Chapter 657 (Limitation of Actions), Part 1 (Personal Actions), Section 7 (657-7) of the Hawaii Revised Statutes, the statute of limitations is two years.
Subsection 3 of the legislation states that the statute of limitations for medical malpractice claims is two years except if the victim is a minor. In this case, the time limit is six years or until the minor’s tenth birthday, whichever proves longer.
Personal Injury Statute of Limitations in Idaho
According to Title 5 (Proceedings in Civil Actions in Courts of Record), Chapter 2 (Limitation of Actions), Part 219 (5-219) of the Idaho Statutes, the statute of limitations for personal injury is two years.
Personal Injury Statute of Limitations in Illinois
According to Chapter 735 (Civil Procedure), Article 13 (Limitations), Part 2 (Personal Actions), Section 2 (13-202) of Illinois Compiled Statutes, the statute of limitations for personal injury is two years.
Additional sections of the Article outline exceptions. These include:
- If the injured party is a minor, action must be brought within two years after the minor reaches 18 years of age (13-211).
- Medical malpractice claims must be brought within two years of when the claimant knew — or reasonably should have known — about the injury but no more than four years from when the negligence occurred. If the individual was under 18 at the time, action must be brought within eight years of the event and before the person’s 22nd birthday (13-212).
Personal Injury Statute of Limitations in Indiana
According to Title 34 (Civil Law and Procedure), Article 11 (Limitation of Actions), Chapter 2 (Specific Statutes of Limitation), Section 4 (34-11-2-4) of the Indiana Code, the personal injury statute of limitations is two years.
Personal Injury Statute of Limitations in Iowa
According to Title 15 (Judicial Branch and Judicial Procedures), Subtitle 3 (Civil Procedure), Chapter 614 (Limitations of Actions), Section 1 (614.1) of the Iowa Code, the statute of limitations for personal injury is two years.
Medical malpractice claims must be brought within two years of discovering the injury but no more than six years from the alleged malpractice.
Product liability claims must generally commence no later than 15 years after the product was first purchased, leased, bailed, or installed for use or consumption.
Personal Injury Statute of Limitations in Kansas
According to Chapter 60 (Civil Procedure), Article 5 (Limitations of Actions), Section 13 (60-513) of the Kansas Statutes, the personal injury statute of limitations is two years, including wrongful death and medical malpractice claims.
Personal Injury Statute of Limitations in Kentucky
According to Title 36 (Statutory Actions and Limitations), Chapter 413 (Limitation of Actions), Section 140 (413.140) of the Kentucky Revised Statutes, the statute of limitations for general personal injury is one year.
However, Kentucky has a separate statute of limitations for auto accident injury lawsuits. Title 25 (Business and Financial Institutions), Chapter 304 (Insurance Code), Subtitle 39 (Motor Vehicle Reparations Act), Section 230 (304.39-230) states that plaintiffs have two years to bring a claim.
Personal Injury Statute of Limitations in Louisiana
According to Book 3 (Of the Different Modes of Acquiring the Ownership of Things), Title 24 (Prescription), Chapter 4 (Liberative Prescription), Section 1, Article 3492 of the Louisiana Civil Code, the personal injury statute of limitations is one year.
Personal Injury Statute of Limitations in Maine
According to Title 14 (Court Procedure — Civil), Part 2 (Proceedings before Trial), Chapter 205 (Limitation of Actions), Subchapter 1 (General Provisions), Section 752 of the Maine Revised Statutes, the statute of limitations is six years.
Maine has the longest statute of limitations in the U.S. and is one of only two states to give plaintiffs six years to commence legal action (the other being North Dakota).
Personal Injury Statute of Limitations in Maryland
According to Section 5-101 of the Courts and Judicial Proceedings Article, the statute of limitations for personal injury is three years.
Section 5-109 imposes restrictions on medical malpractice claims, stating that legal action must commence within five years of the injury occurring or three years of the injury being discovered, whichever is earlier.
Personal Injury Statute of Limitations in Massachusetts
According to Part 3 (Courts, Judicial Officers, and Proceedings in Civil Cases), Title 5 (Statutes of Frauds and Limitations), Chapter 260 (Limitation of Actions), Section 2A of Massachusetts General Laws, the statute of limitation is three years.
Section 4 of the same chapter imposes restrictions on medical malpractice lawsuits. Claims must be brought within three years of the injury being discovered but no longer than seven years after the alleged malpractice occurred. An exception applies if a foreign object is left in the body.
Section 4B clarifies the statute of limitations for personal injury or wrongful death lawsuits resulting from hit-and-run accidents. According to state law, legal action must commence within six months of the plaintiff learning the identity of the owner or operator of the vehicle provided that they reported the accident to the police and registrar of motor vehicles within 30 days. Plaintiffs must still file suit within three years of the date of the accident.
Personal Injury Statute of Limitations in Michigan
According to Chapter 600 (Revised Judicature Act of 1961), Act 236, Chapter 58 (Limitation of Actions), Section 5805 (600.5805) of the Michigan Compiled Laws, the personal injury statute of limitations is three years.
Chapter 500 (Insurance Code of 1956), Act 218, Chapter 31 (Motor Vehicle Personal and Property Protection Insurance), Section 3145 (500.3145) imposes a statute of limitations of one year for personal injury protection insurance claims.
Personal Injury Statute of Limitations in Minnesota
According to Chapter 541 (Limitation of Time, Commencing Actions), Section 7 (541.07) of the Minnesota Statutes, the statute of limitations for personal injury is two years.
Section 541.076 provides an exception for medical malpractice claims, which must be brought within four years of the date the alleged malpractice occurred.
Personal Injury Statute of Limitations in Mississippi
According to Title 15 (Limitations of Actions and Prevention of Frauds), Chapter 1 (Limitation of Actions), Section 49 (15-1-49) of the Mississippi Code, the personal injury statute of limitations is three years.
Section 36 (15-1-36) imposes a two-year statute of limitations on medical malpractice claims. The clock starts ticking from the date the injury was discovered or should reasonably have been discovered, subject to a maximum time limit of seven years from the date of the alleged negligence.
An exception also applies to claims filed against government employees or entities. Title 11 (Civil Practice and Procedure), Chapter 46 (Immunity of State and Political Subdivisions from Liability and Suit for Torts and Torts of Employees), Section 11 of the Mississippi Code states that a person must file a claim within one year and notify the chief executive officer of the governmental entity of their intent to claim no fewer than 90 days before commencing legal action.
Personal Injury Statute of Limitations in Missouri
According to Title 35 (Civil Procedure and Limitations), Chapter 516 (Statutes of Limitation), Section 120 (516.120) of the Revised Statutes of Missouri, the statute of limitations for personal injury is five years.
Section 105 imposes a two-year statute of limitations for medical malpractice claims. The clock starts running from the date of the malpractice, except when it involves a foreign object left in the body, in which case individuals have two years from the date of discovery.
Personal Injury Statute of Limitations in Montana
According to Title 27 (Civil Liability, Remedies, and Limitations), Chapter 2 (Statutes of Limitations), Part 2 (Time Limits on Specific Kinds of Actions), Section 204 (27-2-204) of the Montana Code, the personal injury statute of limitations is three years.
Section 205 prescribes a two-year time limit from the date of discovery for medical malpractice claims, provided the injury occurred within the last five years.
Personal Injury Statute of Limitations in Nebraska
According to Chapter 25 (Courts; Civil Procedure), Section 207 (25-207) of the Nebraska Revised Statute, the statute of limitations for personal injury is four years.
The exception is medical malpractice. As outlined in Section 222, claimants have two years from the date of the malpractice to file suit. If the injury was not discovered or could not have reasonably been discovered within the two-year window, individuals have one year from the date of discovery to initiate a claim.
Personal Injury Statute of Limitations in Nevada
According to Title 2 (Civil Practice), Chapter 11 (Limitation of Actions), Section 190 (11.190) of the Nevada Legislature, the statute of limitations for personal injury is two years.
Personal Injury Statute of Limitations in New Hampshire
According to Title 52 (Actions, Process, and Service of Process), Chapter 508 (Limitation of Actions), Section 4 (508.4) of the New Hampshire Revised Statutes, the statute of limitations for personal injury is three years from the date of injury or, if it was not discovered until later, three years from the date of discovery.
Personal Injury Statute of Limitations in New Jersey
According to Title 2A (Administration of Civil and Criminal Justice), Chapter 14, Section 2 (2A:14-2) of the New Jersey Revised Statutes, the personal injury statute of limitations is two years.
An exception applies for medical malpractice claims for injuries sustained at birth, which must commence before the minor’s 13th birthday.
Personal Injury Statute of Limitations in New Mexico
According to Chapter 37 (Limitation of Actions; Abatement and Revivor), Article 1 (Limitation of Actions), Section 8 (37-1-8) of the New Mexico Statutes, the statute of limitations for personal injury is three years.
Section 24 has a unique provision for claims against a city, town, or village in New Mexico, where the time limit for bringing a claim is two years from the date of injury.
Personal Injury Statute of Limitations in New York
According to Chapter 8 (Civil Practice Law & Rules), Article 2 (Limitations of Time), Section 214 of the Consolidated Laws of New York, the personal statute of limitations is three years.
Several exceptions apply in subsequent subsections, including medical malpractice (Section 214-A), with a time limit of two years and six months from the date of the act in question. Further exceptions apply if the legal action stems from a foreign object being left in a patient’s body or failure to diagnose cancer or a malignant tumor, for which different time limits apply from the date of discovery.
Personal Injury Statute of Limitations in North Carolina
According to Chapter 1 (Civil Procedure), Subchapter 2 (Limitations), Article 5 (Limitations, Other Than Real Property), Section 52 (1-52) of the North Carolina General Statutes, the statute of limitations for personal injury is three years.
Article 3 (Limitations, General Provisions), Section 15 (1-15) governs medical malpractice claims and states that if an injury is not discovered until two or more years after the malpractice, the claimant has one year from the date of discovery to file an action. The medical error must have happened within the last four years or 10 years for cases where a foreign object was left inside a patient’s body.
Personal Injury Statute of Limitations in North Dakota
According to Title 28 (Civil Judicial Procedure), Chapter 1 (Time for Commencing Actions), Section 16 (28-01-16) of the North Dakota Century Code, the statute of limitations for personal injury is six years.
Section 18 (28-01-18) of the Chapter outlines a separate provision for wrongful death cases, which must be commenced within two years of the date of death.
Personal Injury Statute of Limitations in Ohio
According to Title 23 (Courts — Common Pleas), Chapter 5 (Jurisdiction; Limitation of Actions), Section 10 (2305.10) of the Ohio Revised Code, the statute of limitations for personal injury is two years.
Several clauses pertain to specific types of injury and outline further provisions, including for product liability and bodily injury resulting from exposure to hazardous chemicals.
Section 113 (2305.113) states that medical malpractice claims must be brought within one year from the date of injury.
Personal Injury Statute of Limitations in Oklahoma
According to Title 12 (Civil Procedure), Chapter 3 (Limitations of Actions), Section 95 of the Oklahoma Statutes, the statute of limitations for personal injury is two years.
Personal Injury Statute of Limitations in Oregon
According to Title 2 (Procedure in Civil Proceedings), Chapter 12 (Limitations of Actions and Suits), Section 110 (12.110) of the Oregon Revised Statutes, the personal injury statute of limitations is two years.
Chapter 30 (Actions & Suits in Particular Cases) outlines specific provisions for particular cases, including wrongful death. According to Section 20 (30.020), a wrongful death suit must commence within three years of the injury that caused death.
Personal Injury Statute of Limitations in Pennsylvania
According to Title 42 (Judiciary and Judicial Procedure, Chapter 55 (Limitation of Time), Subchapter B (Civil Actions and Proceedings), Section 5524 of the Pennsylvania Consolidated Statutes, the personal injury statute of limitations is two years.
Personal Injury Statute of Limitations in Rhode Island
According to Title 9 (Courts and Civil Procedure — Procedure Generally), Chapter 1 (Causes of Action), Section 14 (9-1-14) of the Rhode Island General Laws, the personal injury statute of limitations is three years.
Personal Injury Statute of Limitations in South Carolina
According to Title 15 (Civil Remedies and Procedures), Chapter 3 (Limitation of Civil Actions), Article 5 (Actions Other Than for Recovery of Real Property), Section 30 (15-3-530) of the South Carolina Code of Laws, the statute of limitations for personal injury cases is three years.
Section 45 (15-3-545) outlines provisions for medical malpractice suits. Action must commence within three years of the negligent treatment or discovery of the injury, not to exceed six years from the date of the alleged malpractice.
Personal Injury Statute of Limitations in South Dakota
According to Title 15 (Civil Procedure), Chapter 2 (Limitation of Actions Generally), Section 14 (15-2-14) of the South Dakota Codified Laws, the personal injury statute of limitations is three years. The same section provides an exception for medical malpractice claims, which are subject to a two-year time limit.
Personal Injury Statute of Limitations in Tennessee
According to Title 28 (Limitation of Actions), Chapter 3 (Limitation of Actions Other than Real), Part 1 (Miscellaneous Limitations), Section 104 (28-3-104) of the Tennessee Code, the personal injury statute of limitations is one year.
Tennessee has the shortest statute of limitations for personal injury cases (shared with Kentucky and Louisiana).
Chapter 1 (General Provisions), Section 106 (23-1-106) outlines exceptions for when an individual was under 18, adjudicated incompetent, or lacking capacity when the injury occurred.
Personal Injury Statute of Limitations in Texas
According to Title 2 (Trial, Judgment, and Appeal), Subtitle B (Trial Matters), Chapter 16 (Limitations), Subchapter A (Limitations of Personal Actions), Section 3 (16.003) of the Civil Practice and Remedies Code, the personal injury statute of limitations in Texas is two years from the date of injury.
Additional sections provide clarification and context for specific types of claims, including Section 12 (16.012), stating that a claimant must commence a product liability action against a manufacturer or seller of a product no later than 15 years after the date of sale of the product.
The statute of limitations for Texas medical malpractice suits is outlined in Title 4 (Liability in Tort), Chapter 74 (Medical Liability), Subchapter F (Statute of Limitations), Section 251 (74.251). This law states that healthcare liability claims must commence within two years of the date of harm or two years from the end of treatment if the injury occurred as part of an ongoing care plan.
Personal Injury Statute of Limitations in Utah
According to Title 78B (Judicial Code), Chapter 2 (Statutes of Limitations), Part 3 (Other than Real Property), Section 307 (78B-2-307) of the Utah Code, the statute of limitations for personal injury is four years.
Utah has a separate statute of limitations for wrongful death. Wrongful death claims must be brought within two years, as outlined in Chapter 304 (78B-2-304).
Chapter 3 (Actions and Venue), Part 4 (Utah Health Care Malpractice Act), Section 404 (78B-3-404) imposes a two-year statute of limitations for medical malpractice claims from the date of harm or when the harm should have reasonably been discovered, providing no longer than four years has lapsed since the alleged malpractice.
Personal Injury Statute of Limitations in Vermont
According to Title 12 (Court Procedure), Chapter 23 (Limitation of Time for Commencement of Actions), Subchapter 2 (Actions Limited), Section 512 of the Vermont Statutes, the personal injury statute of limitations is three years.
Chapter 521 prescribes the statute of limitations for medical malpractice claims; plaintiffs have three years from the date of the alleged malpractice or two years after the harm should reasonably have been discovered, whichever is later.
Legal action cannot be brought more than seven years after the incident.
Personal Injury Statute of Limitations in Virginia
According to Title 8.01 (Civil Remedies and Procedure), Chapter 4 (Limitations of Actions), Article 3 (Personal Actions Generally), Section 243 (8.01-243) of the Code of Virginia, the statute of limitations for personal injury is two years.
Personal Injury Statute of Limitations in Washington
According to Title 4 (Civil Procedure), Chapter 16 (Limitation of Actions), Section 80 (4.16.080) of the Revised Code of Washington, the personal injury statute of limitations is three years.
Section 350 governs medical malpractice; plaintiffs must commence a claim within three years of the incident that caused harm or one year after the injury was discovered or ought to have reasonably been discovered, whichever is later. Medical malpractice claims cannot be brought if the alleged malpractice occurred more than eight years ago.
Personal Injury Statute of Limitations in West Virginia
According to Chapter 55 (Actions, Suits, and Arbitration; Judicial Sale), Article 2 (Limitation of Actions and Suits), Section 12 (55-2-12) of the West Virginia Code, the statute of limitations for personal injury is two years.
Personal Injury Statute of Limitations in Wisconsin
According to Chapter 893 (Limitations of Commencement of Actions and Proceedings; Procedure for Claims against Governmental Units), Subchapter 5 (Tort Actions) Section 54 (893.54) of the Wisconsin Statutes, the statute of limitations for general personal injury is three years, including for injuries arising from a motor vehicle accident and for death caused by a wrongful act.
However, where an individual seeks damages for wrongful death arising from a motor vehicle accident, the statute of limitations is two years.
Section 55 (893.55) defines the statute of limitations for medical malpractice. A plaintiff must file suit within three years from the date of the injury. If the plaintiff did not discover — or could reasonably have discovered — the injury within this timeframe, they have one year from the date the injury was or should reasonably have been discovered, providing no more than five years have passed.
Personal Injury Statute of Limitations in Wyoming
According to Title 1 (Code of Civil Procedure), Chapter 3 (Limitation of Actions), Section 105 (1-3-105) of the Wyoming Statutes, the personal injury statute of limitations is four years.
Medical malpractice claims must be brought within two years of the negligent act or two years of discovery of the alleged malpractice if it was not reasonably discoverable within the timeframe or despite due diligence, as outlined in Section 107.
Keep in mind that this is not an exhaustive list of every exception and possible scenario. The law in each state is extensive. Even if it were impossible to provide a comprehensive explanation of every exemption that may apply, this would not be helpful — the laws of each state are subject to interpretation and ever-changing.
These laws provide a guideline to help you determine if you might have a claim, but only a personal injury attorney in your state can advise if you have a claim based on the unique details of your accident.
Why You Should Hire a Personal Injury Lawyer
Knowing the statute of limitations for your personal injury claim is vital if you have a chance of successfully claiming compensation. However, there are always exceptions. Some states, as we have seen, have a “discovery rule” in place, which means that if an injury isn’t discovered until later, you may still be able to claim — even if the traditional statute of limitations has expired.
If you’ve been in an accident in Texas and are looking for a personal injury attorney to take on your case, our dedicated lawyers in McAllen and San Antonio are happy to help. Call 855-LAW-NINJA today for a no-obligation consultation about your injury and find out how much compensation you could be entitled to.
Contact Our Personal Injury Lawyers Today
When filing a personal injury claim, it’s vital to choose a law firm that you trust to fight for justice and get you the maximum possible payout. That’s why our personal injury lawyers in Texas offer a free, no-obligation case review so that you can see if we’re a good fit for you. After gathering some details on your accident and injuries and how they’ve affected you, we’ll be able to advise on how likely your claim is to succeed, how much you could expect to earn in a settlement, or by taking your case to trial and what happens next. If you choose not to work with us after your initial consultation, that’s fine too.
We work on a contingency fee basis, so you won’t pay a cent unless we win your case. This means you can focus on your recovery without worrying about facing a hefty legal bill before you even get started.
Our dedicated and experienced personal injury lawyers in McAllen and San Antonio are here to help you get the compensation you deserve. To schedule your free consultation, call Patino Law Firm at 855-LAW-NINJA or contact us online.
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Personal Injury Blog
Electric Vehicle (EV) Accidents: How Electric Vehicles Are Dangerous
Electric vehicles (EVs) are increasingly common, but with the undeniable environmental benefits of this technology come distinct safety concerns. In this blog post, McAllen and San Antonio personal injury attorney…
How Does a Personal Injury Settlement Affect Your Taxes?
If you’ve been injured in an accident that wasn’t your fault, you may be entitled to compensation. A settlement or court judgment can be sizable — even life-changing — covering…
Texas Slip and Fall Accident Liability Laws: What Is the Standard of Liability in a Slip and Fall Accident?
A slip-and-fall accident may be more likely the older you get, but it can happen to anyone. According to the National Floor Safety Institute (NFSI), slips and falls occur in…
