Statutes of Limitation

The following is a compilation of statutes of limitation by state in alphabetical order. This is a guide we’ve created for quick reference and should be verified by checking the actual statute!┬áSince our practice has to do mainly with personal injury, medical negligence, nursing homes, and product liability cases, our research and notes are weighted in those areas and perhaps shy or missing altogether for other areas, such as contracts. Beware many states have shorter limitations on birth injury than for other medical negligence claims, e.g., in Arkansas, that would be the infant’s 9th birthday plus two years; and some statutes of limitation are extended for minors, e.g., in Arkansas (except for medical negligence), that would be one year past the minor’s 18th birthday.

If you’ve got anything to add to make this section better, we’ll appreciate hearing from you!

 

STATEPersonal Injury / NegligenceMedical Negligence
Alabama2 years2 years
Alaska 2 years2 years
Arizona2 years2 years
Arkansas 3 years2 years
California2 years1 year from discovery and no more than three years from DOI
Colorado 2 years (3 years for motor vehicle accidents)within 2 years of accrual and no more than 3 years from DOI
Connecticut 2 years2 years
Delaware2 years2 years
Florida 4 years2 years
Georgia2 years (4 years for loss of consortium)2 years
Hawaii2 years2 years
Idaho2 years2 years (limited discovery rule)
Illinois 2 years2 years from discovery; no more than 4 years from DOI
Indiana2 years2 years
Iowa2 years2 years (more if not reasonably discoverable); no more than 6 years from DOI
Kansas2 years from discovery; no more than 10 years from DOI2 years from discovery; no more than 4 years from DOI
Kentucky1 year1 year from DOI; 5 years if not reasonably discoverable
Louisiana1 year1 year with discovery rule; no more than 3 years from DOI
Maine6 years3 years
Maryland 3 years5 years from DOI or 3 years from discovery, whichever first
Massachusetts3 years (or within 6 months of identifying driver if hit-and-run)3 years from discovery
Michigan3 years2 years from DOI or 6 months from discovery, whichever later
Minnesota6 years4 years
Mississippi3 years2 years from discovery ; no more than 7 years from DOI
Missouri5 years2 years
Montana3 years; discovery rule applies in some cases3 years from discovery; no more than 5 years from DOI
Nebraska4 years2 years; 1-year extension from discovery; no more than 10 years from DOI
Nevada2 years3 years from DOI or 1 year from discovery, whichever earlier
New Hampshire3 years3 years
New Jersey2 years2 years
New Mexico3 years3 years
New York 3 years2.5 years (1 year from discovery if foreign object involved)
North Carolina3 years from discovery; no more than 10 years from DOI3 years with limited discovery
North Dakota6 years2 years after accrual; no more than 6 years unless fraud
Ohio2 yearsnotice to defendant 1 year from DOI and filed 180 days post-notice; 1 year from discovery for foreign objects and no more than 4 years from DOI
Oklahoma2 years2 years from discovery
Oregon2 years2 years from discovery; no more than 5 years unless fraud
Pennsylvania2 years2 years
Rhode Island3 years3 years
South Carolina3 years3 years from discovery; no more than 6 years from DOI
South Dakota3 years2 years
Tennessee1 year1 year from discovery; no more than 3 years from DOI
Texas2 years2 years (10 years for statute of repose)
Utah4 years2 years from discovery and no more than 4 years; 1 year of discovery for foreign objects
Vermont3 years3 years from DOI or 2 years from discovery, whichever later, and no more than 7 years
Virginia2 years2 years from discovery; 1 year from disc. if foreign object; no more than 10 years
Washington3 years2 years from discovery; 1 year from disc. if foreign object; no more than 8 years
Washington, D.C.3 years3 years
West Virginia2 years2 years with discovery; no more than 10 years from DOI
Wisconsin3 years3 years from DOI or 1 year from discovery; no more than 5 years
Wyoming 4 years2 years with discovery rule

* DOI = date of incident

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