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 |
