Statute of Limitations by State

Complete 50-State Guide to Legal Deadlines - Updated for 2025

Understanding Statute of Limitations

The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. Once this deadline passes, you generally lose the right to sue forever, regardless of how strong your case might be. These time limits vary significantly by state and type of claim, making it crucial to understand your specific deadline.

⚠️ Critical Warning

Never wait until close to the deadline to file a lawsuit. Calculating the exact deadline can be complex due to various exceptions and tolling provisions. Missing the deadline by even one day can be fatal to your case. Always consult with an attorney well before any potential deadline.

Quick Jump to Your State

Quick Reference Table

State Personal Injury Medical Malpractice Property Damage Written Contract Oral Contract Wrongful Death
Alabama2 years2 years6 years6 years6 years2 years
Alaska2 years2 years6 years3 years3 years2 years
Arizona2 years2 years2 years6 years3 years2 years
Arkansas3 years2 years3 years5 years3 years3 years
California2 years3 years/1 year3 years4 years2 years2 years
Colorado2 years2 years2 years3 years3 years2 years
Connecticut2 years2 years2 years6 years3 years2 years
Delaware2 years2 years2 years3 years3 years2 years
Florida2 years2 years4 years5 years4 years2 years
Georgia2 years2 years4 years6 years4 years2 years
Hawaii2 years2 years2 years6 years6 years2 years
Idaho2 years2 years3 years5 years4 years2 years
Illinois2 years2 years5 years10 years5 years2 years
Indiana2 years2 years2 years10 years6 years2 years
Iowa2 years2 years5 years10 years5 years2 years
Kansas2 years2 years2 years5 years3 years2 years
Kentucky1 year1 year2 years10 years5 years1 year
Louisiana1 year1 year1 year10 years10 years1 year
Maine6 years3 years6 years6 years6 years2 years
Maryland3 years3 years3 years3 years3 years3 years
Massachusetts3 years3 years3 years6 years6 years3 years
Michigan3 years2 years3 years6 years6 years3 years
Minnesota2 years2 years6 years6 years6 years3 years
Mississippi3 years2 years3 years3 years3 years3 years
Missouri5 years2 years5 years10 years5 years3 years
Montana3 years3 years2 years8 years5 years3 years
Nebraska4 years2 years4 years5 years4 years2 years
Nevada2 years3 years3 years6 years4 years2 years
New Hampshire3 years2 years3 years3 years3 years3 years
New Jersey2 years2 years6 years6 years6 years2 years
New Mexico3 years3 years4 years6 years4 years3 years
New York3 years2.5 years3 years6 years6 years2 years
North Carolina3 years3 years3 years3 years3 years2 years
North Dakota6 years2 years6 years6 years6 years2 years
Ohio2 years1 year2 years8 years6 years2 years
Oklahoma2 years2 years2 years5 years3 years2 years
Oregon2 years2 years6 years6 years6 years3 years
Pennsylvania2 years2 years2 years4 years4 years2 years
Rhode Island3 years3 years10 years10 years10 years3 years
South Carolina3 years3 years3 years3 years3 years3 years
South Dakota3 years2 years6 years6 years6 years3 years
Tennessee1 year1 year3 years6 years6 years1 year
Texas2 years2 years2 years4 years4 years2 years
Utah4 years2 years3 years6 years4 years2 years
Vermont3 years3 years3 years6 years6 years2 years
Virginia2 years2 years5 years5 years3 years2 years
Washington3 years3 years3 years6 years3 years3 years
West Virginia2 years2 years2 years10 years5 years2 years
Wisconsin3 years3 years6 years6 years6 years3 years
Wyoming4 years2 years4 years10 years8 years2 years

State-by-State Details

Alabama

Personal Injury 2 years (Ala. Code § 6-2-38)
Medical Malpractice 2 years from discovery, max 4 years (Ala. Code § 6-5-482)
Property Damage 6 years (Ala. Code § 6-2-34)
Contracts 6 years written/oral (Ala. Code § 6-2-34)

Special Notes: Alabama has a strict 4-year statute of repose for medical malpractice. Claims against municipalities require notice within 6 months.

California

Personal Injury 2 years (Cal. Code Civ. Proc. § 335.1)
Medical Malpractice 3 years from injury or 1 year from discovery (Cal. Code Civ. Proc. § 340.5)
Property Damage 3 years (Cal. Code Civ. Proc. § 338)
Contracts 4 years written, 2 years oral

Special Notes: California requires 90-day notice for medical malpractice claims. Government entity claims require filing within 6 months.

Florida

Personal Injury 2 years (Fla. Stat. § 95.11(4))
Medical Malpractice 2 years from discovery, max 4 years
Property Damage 4 years (Fla. Stat. § 95.11(3))
Contracts 5 years written, 4 years oral

Special Notes: Florida recently changed personal injury statute from 4 to 2 years (2023). Pre-suit notice required for medical malpractice.

New York

Personal Injury 3 years (N.Y. C.P.L.R. § 214)
Medical Malpractice 2.5 years (N.Y. C.P.L.R. § 214-a)
Property Damage 3 years (N.Y. C.P.L.R. § 214)
Contracts 6 years (N.Y. C.P.L.R. § 213)

Special Notes: New York has unique 2.5-year period for medical malpractice. Notice of claim required within 90 days for municipal entities.

Texas

Personal Injury 2 years (Tex. Civ. Prac. & Rem. Code § 16.003)
Medical Malpractice 2 years, max 10 years statute of repose
Property Damage 2 years
Contracts 4 years (Tex. Civ. Prac. & Rem. Code § 16.004)

Special Notes: Texas requires 60-day pre-suit notice for medical malpractice claims. Governmental entities require notice within 6 months.

Important Exceptions and Special Rules

Discovery Rule

Many states apply the "discovery rule" for certain claims, particularly medical malpractice and fraud. This means the statute of limitations doesn't begin until you discover (or reasonably should have discovered) the injury. However, most states also have an absolute deadline called a "statute of repose."

Minors and Incapacity

If the injured party is a minor (under 18), most states toll (pause) the statute of limitations until they reach the age of majority. Similar rules often apply to individuals who are mentally incapacitated.

Defendant's Absence

If the defendant leaves the state after the cause of action accrues, many states toll the statute of limitations during their absence.

Government Claims

Claims against government entities often have much shorter deadlines and require special notice procedures. These can be as short as 30-180 days from the incident.

Continuous Treatment Doctrine

In medical malpractice cases, some states extend the deadline if there's continuous treatment for the same condition by the same provider.

Criminal vs. Civil Cases

This guide covers civil statutes of limitations. Criminal cases have different deadlines, with serious crimes like murder typically having no statute of limitations.

Calculate Your Specific Deadline

Use our interactive calculator to determine your exact statute of limitations deadline based on your case type and state.

Statute of Limitations Calculator

Key Takeaways

  • Act Quickly: Never wait to consult an attorney - deadlines can be shorter than listed due to special circumstances
  • State Variations: Time limits vary dramatically between states - from 1 year to 6+ years for the same type of claim
  • Type Matters: Different types of claims have different deadlines even within the same state
  • Exceptions Exist: Various factors can extend or shorten the standard deadline
  • Government Different: Claims against government entities often have much shorter deadlines
  • Absolute Bar: Missing the deadline typically means losing your right to sue forever

Frequently Asked Questions

What happens if I miss the statute of limitations?

Missing the statute of limitations deadline typically bars your claim forever. The defendant can file a motion to dismiss based on the expired statute, which courts will almost always grant. There are very few exceptions, making it crucial to act before the deadline.

When does the statute of limitations start running?

Generally, the clock starts on the date of injury or when the breach occurred. However, some states apply the "discovery rule" for certain claims, starting the clock when you discovered or should have discovered the harm.

Can the statute of limitations be extended by agreement?

In some cases, parties can agree to extend the statute of limitations through a written tolling agreement. This is common during settlement negotiations. However, some claims (like those against government entities) cannot be extended by agreement.

Does filing a complaint stop the statute of limitations?

Yes, properly filing a lawsuit in court before the deadline stops the statute of limitations from running. However, you must also properly serve the defendant within the time required by your state's rules (usually 60-120 days).

Are there different deadlines for insurance claims?

Insurance policies often have their own deadlines for filing claims, which may be shorter than the legal statute of limitations. Always check your policy and comply with both insurance deadlines and legal deadlines.

This information is for educational purposes only and does not constitute legal advice. Laws change frequently and calculating deadlines can be complex. Always consult a qualified attorney immediately to determine your specific deadline.