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! Since 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!

State Personal Injury/Negligence Medical Negligence
Alabama 2 years 2 years
Alaska 2 years 2 years
Arizona 2 years 2 years
Arkansas 3 years 2 years
California 2 years 1 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 years 2 years
Delaware 2 years 2 years
Florida 4 years 2 years
Georgia 2 years (4 years for loss of consortium) 2 years
Hawaii 2 years 2 years
Idaho 2 years 2 years (limited discovery rule)
Illinois 2 years 2 years from discovery; no more than 4 years from DOI
Indiana 2 years 2 years
Iowa 2 years 2 years (more if not reasonably discoverable); no more than 6 years from DOI
Kansas 2 years from discovery; no more than 10 years from DOI 2 years from discovery; no more than 4 years from DOI
Kentucky 1 years 1 year from DOI; 5 years if not reasonably discoverable
Louisiana 1 years 1 year with discovery rule; no more than 3 years from DOI
Maine 6 years 3 years
Maryland 3 years 5 years from DOI or 3 years from discovery, whichever first
Massachusetts 3 years (or within 6 months of identifying driver if hit-and-run) 3 years from discovery
Michigan 3 years 2 years from DOI or 6 months from discovery, whichever later
Minnesota 6 years 4 years
Mississippi 3 years 2 years from discovery ; no more than 7 years from DOI
Missouri 5 years 2 years
Montana 3 years; discovery rule applies in some cases 3 years from discovery; no more than 5 years from DOI
Nebraska 4 years 2 years; 1-year extension from discovery; no more than 10 years from DOI
Nevada 2 years 3 years from DOI or 1 year from discovery, whichever earlier
New Hampshire 3 years 3 years
New Jersey 2 years 2 years
New Mexico 3 years 3 years
New York 3 years 2.5 years (1 year from discovery if foreign object involved)
North Carolina 3 years from discovery; no more than 10 years from DOI 3 years with limited discovery
North Dakota 6 years 2 years after accrual; no more than 6 years unless fraud
Ohio 2 years notice 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
Oklahoma 2 years 2 years from discovery
Oregon 2 years 2 years from discovery; no more than 5 years unless fraud
Pennsylvania 2 years 2 years
Rhode Island 3 years 3 years
South Carolina 3 years 3 years from discovery; no more than 6 years from DOI
South Dakota 3 years 2 years
Tennessee 1 years 1 year from discovery; no more than 3 years from DOI
Texas 2 years 2 years (10 years for statute of repose)
Utah 4 years 2 years from discovery and no more than 4 years; 1 year of discovery for foreign objects
Vermont 3 years 3 years from DOI or 2 years from discovery, whichever later, and no more than 7 years
Virginia 2 years 2 years from discovery; 1 year from disc. if foreign object; no more than 10 years
Washington 3 years 2 years from discovery; 1 year from disc. if foreign object; no more than 8 years
Washington, D.C. 3 years 3 years
West Virginia 2 years 2 years with discovery; no more than 10 years from DOI
Wisconsin 3 years 3 years from DOI or 1 year from discovery; no more than 5 years
Wyoming 4 years 2 years with discovery rule
State Personal Injury/Negligence Medical Negligence
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