Personal Injury Statue of Limitation Calculator
Enter your state, case type, and accident date. We'll calculate your exact filing deadline — and how many days you have left to take action before you permanently lose your right to compensation.
Statute of Limitations Calculator
Covers all 50 states · Personal injury, auto, malpractice, wrongful death
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Discovery rule: For some injuries (especially medical malpractice), the clock may start from when you discovered — or should have discovered — the injury, not the date it occurred.
Minor victims: If the injured person was under 18 at the time of the accident, the statute of limitations typically does not begin until they turn 18.
Government defendants: If your claim is against a government entity (city, county, state, federal), you may have as little as 60–180 days to file a notice of claim — before the lawsuit deadline even begins.
These exceptions require legal analysis. Only a personal injury attorney can determine which exceptions apply to your specific case.
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Get My Free Case Review — No Obligation →What Is the Statute of Limitations — and Why Does It Matter?
The statute of limitations is a legally-set deadline by which you must file a lawsuit for your injury. It is not a suggestion. It is not negotiable. It is a hard cut-off written into state law — and once it passes, the court will dismiss your case regardless of how strong it is, how clear the liability was, or how seriously you were hurt.
Insurance companies and defense attorneys know exactly what the statute of limitations is in every state. This knowledge is often used against injured victims — some adjusters deliberately slow claim negotiations, knowing that if they can keep you occupied with low offers until your deadline passes, your leverage disappears entirely.
Understanding your deadline is the first step to protecting your rights. Acting before it passes is the only way to preserve them.
Statute of Limitations by State — Personal Injury 2026
Most states give injury victims 2–3 years from the date of the accident to file a lawsuit. But several states have significantly shorter deadlines — and missing them by even one day is fatal to your claim.
| Deadline | States | What This Means |
|---|---|---|
| 1 Year ⚠️ | Kentucky, Louisiana, Tennessee | The shortest deadlines in the US — act immediately if you are in these states |
| 2 Years | Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia | The most common deadline — covers most of the US population |
| 3 Years | Arkansas*, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin, Washington D.C. | More time but do not wait — insurance evidence and witnesses degrade |
| 4 Years | Nebraska, Utah, Wyoming | Among the most generous deadlines — but exceptions still apply |
| 5 Years | Missouri | One of only two states with a 5+ year personal injury deadline |
| 6 Years | Maine, North Dakota | Longest standard deadlines in the US |
*Arkansas is 3 years for general personal injury. Some case types have different deadlines. Always verify with an attorney for your specific situation.
When the Clock Starts — It Is Not Always the Accident Date
For most personal injury cases, the statute of limitations begins running on the date of the accident. But there are important exceptions that can either start the clock earlier than you expect — or give you more time than you realize.
The Discovery Rule
The discovery rule applies when an injury was not immediately apparent. If your injuries were not — and could not reasonably have been — discovered on the date of the accident, some states allow the clock to start from the date you discovered, or should have discovered, the injury. Medical malpractice cases frequently involve the discovery rule because the harm caused by negligent treatment may not be apparent for months or years.
Minors and the Statute of Limitations
In most states, if the injured victim was under 18 at the time of the accident, the statute of limitations is tolled — paused — until they turn 18. At that point, the standard limitation period begins. For example, in Texas, a child injured at age 15 would have until their 20th birthday (18 + 2 years) to file a personal injury lawsuit. However, some states still require parents to file on behalf of the child within the standard period — verify your state's rules with an attorney.
Government Defendants — The Shortest Deadlines of All
If your injury was caused by a government employee, vehicle, or property — a city bus, a pothole on a government road, a police vehicle — your timeline is dramatically shorter than the standard statute of limitations. Most states require a formal Notice of Claim to be filed with the government entity within 60, 90, or 180 days of the injury. Missing this notice deadline is just as fatal as missing the lawsuit deadline.
"In 14 years of legal services work, I have seen more heartbreaking situations caused by missed deadlines than almost anything else. Someone with a clear, winnable case — medical bills documented, liability established, witnesses ready — walks into our office three weeks after their statute of limitations expired. There is nothing anyone can do. The insurance company gets to walk away. I built this tool so that never has to happen to anyone who finds LawyerHelpNow first."
— James R. Calloway | Founder, LawyerHelpNow | Houston, TexasWhy You Should Not Wait Until the Deadline Approaches
Knowing your deadline does not mean waiting until the last month to act. Strong personal injury cases are built on evidence — and evidence degrades over time in ways that permanently weaken your claim.
- Witnesses' memories fade: The detail and confidence of eyewitness testimony decreases significantly within the first 90 days after an accident
- Surveillance footage gets deleted: Most retail stores, gas stations, and traffic cameras overwrite footage within 30–90 days. After that, it is gone permanently
- Physical evidence deteriorates: Skid marks disappear, damaged vehicles get repaired, road hazards get fixed — eliminating physical proof of what caused your injury
- Medical documentation becomes harder to obtain: Records from the acute phase of your treatment — the most valuable evidence of injury severity — are easier to obtain promptly than months later
- Defendant's assets may change: If the responsible party is an individual rather than an insured company, waiting gives them time to restructure finances or transfer assets
- Attorneys need time to build strong cases: Filing a lawsuit is not the end of the process — it is the beginning. Rushing to file a week before the deadline leaves almost no time to build the case properly
Know Your Deadline. Protect Your Claim.
A personal injury attorney will review your specific situation at no cost — and tell you exactly where you stand, what exceptions may apply, and what you should do next.
Get My Free Case Review — Takes 60 Seconds →Frequently Asked Questions About Statute of Limitations
What if I did not know I was injured until later?
The discovery rule may extend your deadline in some states and for some case types. For injuries that were not immediately apparent — particularly internal injuries, traumatic brain injuries that presented symptoms gradually, or harm from medical procedures — your attorney can argue that the clock should start from the date you discovered, or reasonably should have discovered, the injury. This is a legal argument that requires an attorney to evaluate based on the specific facts of your case.
Does filing an insurance claim pause the statute of limitations?
No. Filing an insurance claim — with your own insurer or the at-fault party's insurer — does not pause, toll, or extend the statute of limitations. The lawsuit deadline runs independently of the claims process. You can be in active negotiations with an insurance company and still have your lawsuit deadline expire. This is one of the most dangerous misconceptions in personal injury law.
Can I still recover anything after the statute of limitations expires?
In nearly all standard personal injury cases, no. Once the deadline passes, the court will grant a motion to dismiss, and you have permanently lost the right to sue. There are extremely rare exceptions — fraud by the defendant that concealed your cause of action, for example — but these are difficult to establish and cannot be relied upon. Do not count on exceptions. Know your deadline and act before it.
What if I was partially at fault for my accident?
Partial fault affects the amount you can recover but does not affect the statute of limitations. If you were 30% at fault and the other party was 70% at fault, the same filing deadline applies. Some states bar recovery if you are more than 50% at fault — but the deadline is the same regardless. Consult an attorney to understand how comparative or contributory negligence rules apply in your state.
Is the statute of limitations different for medical malpractice?
Often yes. Medical malpractice typically has its own statute of limitations — sometimes shorter than the general personal injury deadline — and the clock may start differently (often from when the malpractice was or should have been discovered, or from the end of the treatment relationship). Many states also have a statute of repose for malpractice cases — an absolute cut-off regardless of discovery. Medical malpractice deadlines are among the most complex in personal injury law and require immediate attorney consultation.