Statute of Limitations by State 2026: Deadlines to Sue

Understanding Statute of Limitations

A 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. Because the statute of limitations is set by state law rather than federal law, the deadline for the same injury can be one year in one state and six in another — which is why the 50-state table below is organised by state and by claim type.

⚠️ 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.

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Quick Reference Table

State	Personal Injury	Medical Malpractice	Property Damage	Written Contract	Oral Contract	Wrongful Death
Alabama	2 years	2 years	6 years	6 years	6 years	2 years
Alaska	2 years	2 years	6 years	3 years	3 years	2 years
Arizona	2 years	2 years	2 years	6 years	3 years	2 years
Arkansas	3 years	2 years	3 years	5 years	3 years	3 years
California	2 years	3 years/1 year	3 years	4 years	2 years	2 years
Colorado	2 years	2 years	2 years	3 years	3 years	2 years
Connecticut	2 years	2 years	2 years	6 years	3 years	2 years
Delaware	2 years	2 years	2 years	3 years	3 years	2 years
Florida	2 years	2 years	4 years	5 years	4 years	2 years
Georgia	2 years	2 years	4 years	6 years	4 years	2 years
Hawaii	2 years	2 years	2 years	6 years	6 years	2 years
Idaho	2 years	2 years	3 years	5 years	4 years	2 years
Illinois	2 years	2 years	5 years	10 years	5 years	2 years
Indiana	2 years	2 years	2 years	10 years	6 years	2 years
Iowa	2 years	2 years	5 years	10 years	5 years	2 years
Kansas	2 years	2 years	2 years	5 years	3 years	2 years
Kentucky	1 year	1 year	2 years	10 years	5 years	1 year
Louisiana	1 year	1 year	1 year	10 years	10 years	1 year
Maine	6 years	3 years	6 years	6 years	6 years	2 years
Maryland	3 years	3 years	3 years	3 years	3 years	3 years
Massachusetts	3 years	3 years	3 years	6 years	6 years	3 years
Michigan	3 years	2 years	3 years	6 years	6 years	3 years
Minnesota	2 years	2 years	6 years	6 years	6 years	3 years
Mississippi	3 years	2 years	3 years	3 years	3 years	3 years
Missouri	5 years	2 years	5 years	10 years	5 years	3 years
Montana	3 years	3 years	2 years	8 years	5 years	3 years
Nebraska	4 years	2 years	4 years	5 years	4 years	2 years
Nevada	2 years	3 years	3 years	6 years	4 years	2 years
New Hampshire	3 years	2 years	3 years	3 years	3 years	3 years
New Jersey	2 years	2 years	6 years	6 years	6 years	2 years
New Mexico	3 years	3 years	4 years	6 years	4 years	3 years
New York	3 years	2.5 years	3 years	6 years	6 years	2 years
North Carolina	3 years	3 years	3 years	3 years	3 years	2 years
North Dakota	6 years	2 years	6 years	6 years	6 years	2 years
Ohio	2 years	1 year	2 years	8 years	6 years	2 years
Oklahoma	2 years	2 years	2 years	5 years	3 years	2 years
Oregon	2 years	2 years	6 years	6 years	6 years	3 years
Pennsylvania	2 years	2 years	2 years	4 years	4 years	2 years
Rhode Island	3 years	3 years	10 years	10 years	10 years	3 years
South Carolina	3 years	3 years	3 years	3 years	3 years	3 years
South Dakota	3 years	2 years	6 years	6 years	6 years	3 years
Tennessee	1 year	1 year	3 years	6 years	6 years	1 year
Texas	2 years	2 years	2 years	4 years	4 years	2 years
Utah	4 years	2 years	3 years	6 years	4 years	2 years
Vermont	3 years	3 years	3 years	6 years	6 years	2 years
Virginia	2 years	2 years	5 years	5 years	3 years	2 years
Washington	3 years	3 years	3 years	6 years	3 years	3 years
West Virginia	2 years	2 years	2 years	10 years	5 years	2 years
Wisconsin	3 years	3 years	6 years	6 years	6 years	3 years
Wyoming	4 years	2 years	4 years	10 years	8 years	2 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

Every state writes exceptions into its statute of limitations, and the reason is the same in all of them: a rigid deadline would bar claims that no reasonable person could have brought in time. Limitations periods exist to protect defendants from stale evidence and indefinite exposure, not to reward a wrongdoer who hid the harm, injured a child too young to sue, or left the state to run out the clock. So legislatures and courts carve out exceptions that either delay when the clock starts or pause ("toll") it once it has started. The five exceptions below are the ones that come up most often.

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." For a closer look at how the two clocks interact — and why the earlier one always wins — see statute of limitations vs. 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.

Contract and Written Agreement Claims

Contract deadlines are among the most state-variable in the table above, and most states split them in two: a longer period for a written contract and a shorter one for an oral or implied agreement. Written-contract periods commonly run four to six years, while oral contracts are often two to four. The clock normally starts on the date of breach — the missed payment or the unperformed obligation — not on the date the contract was signed. Where a contract calls for instalments, many states start a separate clock for each missed instalment, which can keep part of a claim alive even after the earliest payments are time-barred.

Unpaid Rent, Debt, and Collection Claims

A landlord suing for past-due rent, or a creditor suing on an unpaid account, is bringing a contract claim, so the written or oral contract period in your state controls. A written lease usually gets the longer written-contract deadline. Expiry of the limitations period does not erase the debt — it removes the creditor's ability to win a lawsuit on it. Be aware that in many states a partial payment or a written acknowledgment of the debt restarts the clock from zero, which is why debt buyers often push for a small payment on an old account.

Professional Malpractice Claims

Legal, accounting, and other professional malpractice claims frequently carry shorter deadlines than ordinary negligence — one to three years in most states, and as short as one year in some. They also tend to combine the discovery rule with an outer statute of repose, so the claim must be filed within a short window after you discovered the error and within a longer absolute window after the error occurred, whichever expires first. For claims against an attorney, some states also toll the period while the lawyer continues to represent you in the same matter, mirroring the continuous treatment doctrine used in medical cases.

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. For the structural difference between the two systems, see civil vs. criminal cases. If you've already been served and need to know what to do next, see responding to a court summons.

Not Sure Which Deadline Applies to You?

The right deadline depends on your claim type, your state, and whether an exception has paused the clock. A lawyer in your state can confirm your exact date before it passes.

Find a Lawyer in Your State

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.

Statute of Limitations by State