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What is a statute of limitations?

A statute of limitations is a law that bars claims after a set period of time. Here is how a deadline works, what can pause it, and a table of the personal-injury time limit in all 50 states and the District of Columbia, quoted from each statute.

The short answer

What a statute of limitations is

A statute of limitations is a law that bars claims after a set period of time. Cornell's Legal Information Institute puts it as any law that bars claims after a certain period passes after an injury, and says the period depends on the jurisdiction and the type of claim [1]. CrashFirst gives general information only. It cannot tell you what your deadline is.

Three wooden-framed hourglasses with sand running, in a black and white photograph
Three hourglasses. A statute of limitations is a time limit written into law. Photo: Wellcome Collection, CC BY 4.0. Photo credits

How a deadline works

How the clock works

  • It is set by law, and it differs by claim. There are limits for civil and criminal cases, and they vary by place and by the kind of claim [1].
  • The start can differ. Depending on the law, the period may begin on the date of the injury, the date it was discovered, or the date it would have been discovered with reasonable efforts [1].
  • Some laws pause or extend it. The four launch states each have disability provisions for minors and others. Examples are Alabama's rule for a person "below the age of 19 years, or insane" [5] and Tennessee's rule for a person "either under eighteen (18) years of age, or adjudicated incompetent." [3]
  • Some are written in codes, some come from courts. Many are legislative statutes, while others come from judicial common law [1].

We only describe the exceptions found in the sources we read. There may be others, and they differ by state. An attorney can explain how they apply to your facts.

Timeline of a statute of limitations: injury, the clock starts, a possible pause, then the deadlineFour steps down a vertical line. Injury. The clock starts on the injury date, the discovery date or the date it would have been discovered. Some laws pause the clock: Alabama gives a person under 19 three years after the disability ends, with a 20-year outer limit. Deadline: Tennessee one year, Alabama two, Oklahoma two, South Carolina three for the general injury sections.InjuryThe date harm happensClock startsDepending on the law: the date of the injury,the date it was discovered, or the date itwould have been discovered with reasonableeffortsPause (some laws)Alabama: under 19 or insane when the rightaccrues, three years after the disabilityends, 20-year outer limitDeadlineTennessee 1 year, Alabama 2, Oklahoma 2, SouthCarolina 3 (general injury sections)
How a deadline runs, using only what the sections above quote. Each state has other sections for specific claims.

All 50 states and DC

The personal-injury time limit in every state

This table gives the general limit for bodily injury from a car crash negligence claim in each state and the District of Columbia, with the statute and the words that set the period. Each state also has other sections for specific claims, wrongful death and claims against government, and some pause the clock. The last column links to the exceptions we read, which are listed by state under the table. "Mirror text" means the statute was read on a code mirror, not the official site. Download the data (CSV).

StatePeriodAuthorityExceptions
Alabama2 yearsAla. Code § 6-2-38(l) [4]See note
Alaska2 yearsAS 09.10.070(a)(2) [12]See note
Arizona2 yearsA.R.S. § 12-542(1) [13]See note
Arkansas3 yearsArk. Code § 16-56-105 [14]See note
California2 yearsCal. Code Civ. Proc. § 335.1 [15]See note
Colorado3 yearsC.R.S. § 13-80-101(1)(n)(I) [16]See note
Connecticut2 yearsConn. Gen. Stat. § 52-584 [17]See note
Delaware2 years10 Del. C. § 8119 [18]See note
District of Columbia3 yearsD.C. Code § 12-301(8) [19]See note
Florida2 yearsFla. Stat. § 95.11(5)(a) [20]See note
Georgia2 yearsO.C.G.A. § 9-3-33 [21]See note
Hawaii2 yearsHRS § 657-7 [22]See note
Idaho2 yearsIdaho Code § 5-219(4) [23]See note
Illinois2 years735 ILCS 5/13-202 [24]See note
Indiana2 yearsInd. Code § 34-11-2-4(a) [25]See note
Iowa2 yearsIowa Code § 614.1(2) [26]See note
Kansas2 yearsK.S.A. 60-513(a)(4) [27]See note
Kentucky1 or 2 yearsKRS 413.140(1)(a) [28]; KRS 304.39-230(6) [29]See note
Louisiana2 yearsLa. C.C. art. 3493.1 [30]See note
Maine6 years14 M.R.S. 752 [31]See note
Maryland3 yearsMd. Code, Cts. & Jud. Proc. 5-101 [32]See note
Massachusetts3 yearsM.G.L. c. 260, 2A [33]See note
Michigan3 yearsMCL 600.5805(2) [34]See note
Minnesota6 yearsMinn. Stat. 541.05 subd. 1(5) [35]See note
Mississippi3 yearsMiss. Code 15-1-49(1) [36]See note
Missouri5 yearsRSMo 516.120(4) [37]See note
Montana3 yearsMCA 27-2-204(1) [38]See note
Nebraska4 yearsNeb. Rev. Stat. 25-207(3) [39]See note
Nevada2 yearsNRS 11.190(4)(e) [40]See note
New Hampshire3 yearsRSA 508:4, I [41]See note
New Jersey2 yearsN.J.S.A. 2A:14-2(a) [42]See note
New Mexico3 yearsNMSA 1978, 37-1-8 [43]See note
New York3 yearsN.Y. CPLR 214(5) [44]See note
North Carolina3 yearsN.C.G.S. 1-52(5), (16) [45]See note
North Dakota6 yearsN.D.C.C. 28-01-16(5) [46]See note
Ohio2 yearsOhio Rev. Code § 2305.10(A) [47]See note
Oklahoma2 years12 O.S. § 95(A)(3) [6]See note
Oregon2 yearsORS 12.110(1) [48]See note
Pennsylvania2 years42 Pa.C.S. § 5524(2) [49]See note
Rhode Island3 yearsR.I. Gen. Laws § 9-1-14(b) [50]See note
South Carolina3 yearsS.C. Code § 15-3-530(5) [7]See note
South Dakota3 yearsS.D. Codified Laws § 15-2-14(3) [51]See note
Tennessee1 yearTenn. Code Ann. § 28-3-104(a)(1)(A) [2]See note
Texas2 yearsTex. Civ. Prac. & Rem. Code § 16.003(a) [52]See note
Utah4 yearsUtah Code § 78B-2-307(4) [53]See note
Vermont3 years12 V.S.A. § 512(4) [54]See note
Virginia2 yearsVa. Code § 8.01-243(A) [55]See note
Washington3 yearsRCW 4.16.080(2) [56]See note
West Virginia2 yearsW. Va. Code § 55-2-12(b) [57]See note
Wisconsin3 yearsWis. Stat. § 893.54(1m)(a) [58]See note
Wyoming4 yearsWyo. Stat. § 1-3-105(a)(iv)(C) [59]See note

Notes by state

Exceptions and extra rules we read for each state, in the same order as the table.

  • Alabama. Under 19 or insane at accrual: 3 years, or the period allowed by law if that is less than 3 years (so 2 years for an injury claim), after the disability ends (6-2-8(a)); 20-year outer cap.
  • Alaska. Minority/incompetency time not counted, but no more than 2 years after disability ceases (AS 09.10.140(a)).
  • Arizona. Under 18 or unsound mind: same time after disability removed (12-502). Claims against public entities must be filed within 180 days of accrual (12-821.01).
  • Arkansas. Section names no bodily-injury item and we did not read a decision applying it to injury claims (clause (3) is 'contract or liability, expressed or implied'). Person under 21 or insane at accrual: 3 years after disability removed (16-56-116, FindLaw text).
  • California. Minority or incapacity tolls time (CCP 352), but not for claims requiring a government claim. Claims for injury against a public entity must be presented within six months (Gov. Code 911.2).
  • Colorado. Para. (1)(n)(I) covers tort actions for bodily injury from motor vehicle use. Uninsured/underinsured motorist claims: 3 years from accrual (13-80-107.5). Motor vehicle claims accrue when injury and cause are known or should be known (13-80-108(12)).
  • Connecticut. Discovery rule, but no action more than three years from the act or omission complained of. A counterclaim may be filed before pleadings close.
  • Delaware. Runs from date of injury. Defendant out of state: time absent not counted (8117). Infancy savings clause (8116) by its text covers only 8101-8115.
  • District of Columbia. Residual clause; personal injury is not named in the section and we did not read a decision applying it. Under 18, non compos mentis or imprisoned: may sue after disability removed (12-302). Suit against the District requires written notice within six months (12-309).
  • Florida. Tolling list in 95.051 includes defendant's absence and limited minority cases. Claims against state or subdivisions: written notice within 3 years, suit within 4 years (768.28(6), (14)).
  • Georgia. Loss of consortium: 4 years. Under 18 gets same time after turning 18 (9-3-90). Time tolled up to six years while related crime is prosecuted (9-3-99).
  • Hawaii. Persons disabled by infancy, insanity or imprisonment at accrual may sue within the limited time after the disability is removed or while it exists (657-13).
  • Idaho. Minority/insanity tolling is capped at six years total (5-230). Claims against political subdivisions must be filed within 180 days of accrual or discovery (6-906).
  • Illinois. Under 18 or legally disabled: 2 years after turning 18 or disability removed (13-211). Local government entity or employee: suit within one year of injury (745 ILCS 10/8-101).
  • Indiana. Person under legal disability at accrual: 2 years after disability removed (34-11-6-1). Claims against political subdivisions need notice within 180 days of the loss (34-13-3-8).
  • Iowa. Minors get one year after attaining majority; persons with mental illness one year after disability ends (614.8). Claims against municipalities: 2 years (670.5).
  • Kansas. 60-513(b): accrues at substantial injury or when injury reasonably ascertainable; 10-year outer limit. 60-515(a): minors/incapacitated get one year after disability ends, capped at 8 years after the act.
  • Kentucky. Period: 1 year (KRS 413.140); 2 years for tort claims not abolished by no-fault, from injury or last no-fault payment, whichever later. 304.39-230(6): 2 years after injury or last basic/added reparation payment (replacement payment does not extend). 413.170: infant or unsound mind may sue within same period after disability removed.
  • Louisiana. Period: 2 years (Act 423 of 2024, eff. July 1, 2024). Runs from the day injury or damage is sustained. Does not run against minors or interdicts in actions involving permanent disability brought under the Louisiana Products Liability Act or state product liability law. Which injury dates the 2024 act covers, and the earlier one-year rule for older injuries, we did not read.
  • Maine. 14 MRS 853: minor, mentally ill or imprisoned person may sue within the period after disability removed. 14 MRS 8107: notice to governmental entity within 365 days (good-cause extension).
  • Maryland. 5-201: minor/mental incompetent files within the lesser of 3 years or the period after disability removed. 5-304: written notice to local government within 1 year after injury.
  • Massachusetts. c.260 s.7: minor or person incapacitated by mental illness may sue within the limited time after disability removed. c.258 s.4: claim against public employer presented in writing within 2 years.
  • Michigan. 600.5851: under 18 or insane gets 1 year after disability removed. 500.3145: no-fault PIP suit within 1 year of accident unless notice given; recovery limited to 1 year back. 691.1404: 120-day highway notice.
  • Minnesota. Section 541.07(1) separately sets 2 years for libel, slander, assault, battery, false imprisonment or 'other tort resulting in personal injury'; we did not read a decision on which period governs a negligence crash claim, so confirm with an attorney. 541.15: minority or insanity suspends the period. 466.05: 180-day notice to a municipality.
  • Mississippi. Section 15-1-49(1) is a catch-all for actions with no other period prescribed; it does not name personal injury and we did not read a decision applying it to injury claims. 15-1-49(2): latent injury accrues on discovery. 15-1-59: infancy/unsound mind may sue after disability removed (unsound mind max 21 years). 11-46-11: 90-day notice to government; suit within 1 year.
  • Missouri. 516.170: person under 21 or mentally incapacitated when claim accrued may sue within the limited time after disability removed.
  • Montana. 27-2-401: minority time not counted (commitment max 5 years). 2-9-301: claim against state first presented to Dept. of Administration; 120-day tolling. The version in force since 10/1/2026 adds a cross-reference to 27-2-219.
  • Nebraska. 25-213: person under 20, with mental disorder, or imprisoned may sue within the period after disability removed. 13-919: political subdivision claim within 1 year, suit within 2 years.
  • Nevada. 11.250: time under age 18, insane, or in state custodial care is not part of the period. 11.190(4)(e) covers injuries to a person or death caused by another's wrongful act or neglect.
  • New Hampshire. 508:4 discovery rule: 3 years from when injury and cause discovered or should have been. 508:8: infant or mentally incompetent person may sue within 2 years after disability removed.
  • New Jersey. 2A:14-21: under 18 or mentally disabled may sue after majority or capacity. 59:8-8: claim against public entity within 90 days of accrual; barred after 2 years.
  • New Mexico. 37-1-10: minors and incapacitated persons have 1 year after incapacity ends.
  • New York. CPLR 208: infancy/insanity extends to 3 years after disability ceases if period would end sooner. GML 50-e: notice of claim within 90 days (public corporations). 214(5) carves out 214-b, 214-c, 214-i, 215.
  • North Carolina. 1-52(16): personal injury accrues when bodily harm becomes apparent. 1-17: under 18, insane or incompetent may sue within the period after disability removed.
  • North Dakota. 28-01-25: minority/insanity not counted, extension capped at 5 years except infancy and 1 year after disability ceases. 32-12.1-10: political subdivision claims 3 years.
  • Ohio. Minors and persons of unsound mind may sue within the 2-year period after disability is removed (§ 2305.16); adjudicated/confined unsound-mind time is not counted. Exposure-type injuries (e.g. asbestos) accrue on discovery.
  • Oklahoma. Person under legal disability at accrual may sue within one year after disability is removed (12 O.S. § 96). Governmental claims rules not read.
  • Oregon. Minors and persons with a disabling mental condition: tolled, but capped at 5 years or 1 year after disability ends, whichever is first (ORS 12.160). Discovery rule applies only to fraud or deceit claims.
  • Pennsylvania. Minors: period of minority not counted (§ 5533(b)); insanity or imprisonment does not extend time. Claims against a government unit need written notice within 6 months of injury, excusable for reasonable excuse (§ 5522(a)).
  • Rhode Island. Under 18, unsound mind, or beyond the U.S. at accrual: may sue within the time limit after the impediment is removed (§ 9-1-19). Direct action against insurer gets 120 extra days if tortfeasor cannot be served (§ 9-1-14(c)).
  • South Carolina. Under 18 or insane: disability time not counted, capped at 1 year after it ends (§ 15-3-40). Tort Claims Act suits against government: 2 years from when loss was or should have been discovered (§ 15-78-110).
  • South Dakota. Minority or mental illness tolls the period (extension capped at 5 years except infancy; 1 year after disability ceases) (§ 15-2-22). Written notice to a public entity required within 180 days after injury (§ 3-21-2).
  • Tennessee. A 2-year variant applies only if all three hold: criminal charges are brought against a person alleged to have caused or contributed to the injury; a prosecution is commenced within 1 year by a law enforcement officer, a district attorney general or a grand jury; and the suit is brought by the person injured by the criminal conduct against the party prosecuted (§ 28-3-104(a)(2)). Under 18 or adjudicated incompetent at accrual: the period for that cause of action, unless it exceeds 3 years, counted from restored legal rights, so 1 year for injury (§ 28-1-106(a)). Governmental entity suits: 12 months (§ 29-20-305(b)). Read on FindLaw.
  • Texas. Under 18 or of unsound mind when the claim accrues: disability time is not counted (§ 16.001). Governmental unit entitled to notice of claim within 6 months of the incident (§ 101.101(a)).
  • Utah. Section lists no personal-injury item; we read the 4-year catch-all, (4) 'relief not otherwise provided for by law', as the general period and did not read a decision. Minors/mentally incompetent: limitation does not run (§ 78B-2-108). Claims against governmental entities barred unless notice filed within 1 year (§ 63G-7-402).
  • Vermont. Injury claims accrue on discovery of the injury (§ 512(4)). Minors, those lacking capacity due to mental condition, or imprisoned may sue after the disability is removed (§ 551).
  • Virginia. Infant (non-emancipated) or incapacitated at accrual: may sue within the period after disability is removed; incapacity after accrual tolls time (§ 8.01-229). Property damage is a separate 5 years.
  • Washington. Under 18, incompetent/disabled, or imprisoned pre-sentencing at accrual: that time not counted (RCW 4.16.190). Suits against the state: no action until 60 calendar days after claim is presented to risk management (RCW 4.92.110).
  • West Virginia. Infant or insane at accrual: may sue within the same number of years after becoming of age or sane, but never beyond 20 years from accrual (§ 55-2-15(b)).
  • Wisconsin. Motor-vehicle wrongful-death claims have 2 years (§ 893.54(2m)). Under 18 or mentally ill: 2 years after disability ceases, mental-illness extension capped at 5 years (§ 893.16). Written notice to government within 120 days (§ 893.80(1d)).
  • Wyoming. Minor or other legal disability at accrual: 3 years after disability is removed or the regular period, whichever is greater (§ 1-3-114). Claims against government must be presented in writing within 2 years of the act (§ 1-39-113).

Two rows need a closer look. Kentucky has a separate rule for motor-vehicle claims, so its row shows both the one-year and the two-year rule. The Louisiana row shows only the two-year rule effective July 1, 2024, and we did not read the earlier one-year rule for older injuries. Ask an attorney which one applies to you. Use the deadline calculator for a general estimate and the deadlines by state table to compare the launch states. Neither decides your case.

CrashFirst is not a law firm and does not give legal advice. This checklist is general information. Every situation is different.

Keep reading

Sources

Unofficial copies come from a legal publisher, not the state. They can lag the current code, so check the official code before relying on a date or amount.

Page last updated November 9, 2026. Attorney review pending. General information, not legal advice. Fees, hours and rules change; confirm on the official page. How we source.

Questions

What is a statute of limitations?

Cornell's Legal Information Institute defines it as any law that bars claims after a certain period of time passes after an injury, and the period varies by jurisdiction and type of claim [1] [1].

What does a statute of limitations mean in law?

It is a law that sets how long a person has to bring a claim. Cornell notes there are statutes of limitations for both civil and criminal causes of action, and that many are written statutes while others come from judicial common law [1].

When does the clock start?

It depends on the law. Cornell says a period may begin to run from the date of the injury, the date it was discovered, or the date on which it would have been discovered with reasonable efforts [1].

What is a statute of limitations defense?

It is a defendant's argument that the claim was filed after the time limit ran out. Court rules treat it as an affirmative defense that the defendant has to raise in the answer. Tennessee's Rule 8.03 says "a party shall set forth affirmatively facts in short and plain terms relied upon to constitute accord and satisfaction," [8] and its list includes "laches, license, payment, release, res judicata, statute of frauds, statute of limitations, statute of repose, waiver." [8] Oklahoma's § 2008(C) opens with "In pleading to a preceding pleading, a party shall set forth affirmatively" and then lists statute of limitations, [9] and the federal rule says "In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including" statute of limitations [10]. An attorney can explain how this works in a particular case.

Can a deadline be paused?

Some statutes pause or extend it. Alabama gives a person who is under 19 or insane when the right accrues three years, or the period allowed by law if less, after the disability ends, with a 20-year outer limit [5] [5]. Tennessee has a similar rule for a person under 18 or adjudicated incompetent [3]. Whether any exception applies to a given situation is a question for an attorney.

Is there a tolling agreement?

A tolling agreement is a written agreement between the people in a dispute that pauses or extends a filing deadline. In one Tennessee Supreme Court case, the parties "entered into a written tolling agreement regarding" a professional negligence claim, [11] and the court said "In interpreting a tolling agreement, we look to its provisions to determine its scope and effect." [11] We did not read how courts in Alabama, Oklahoma or South Carolina treat them. Ask an attorney before relying on any agreement.

Questions before you decide? Asking is free.