State-by-state Personal Injury Statute of Limitations In 2023

"Personal injury attorneys have numerous advertising practices," says Nora Freeman Engstrom, a professor at Stanford Law School. However, no matter their popularity, they cannot do the impossible when you outrun the statute of limitations.

The personal injury statute of limitations varies from state to state and is subject to change. In 2023, individuals must be aware of the statute of limitations in their respective states to avoid losing their right to file a lawsuit and seek compensation for their injuries.

This article clarifies the statute of limitations for each U.S. state in 2023.

What Is the Statute of Limitations?

The statute of limitations refers to the duration a plaintiff must file a lawsuit after suffering an injury or harm. If the plaintiff fails to file within this time frame, they may lose their right to seek legal recourse. These limitations differ depending on the type of injury and the state in which they occurred.

Since evidence can be destroyed and recollections degrade over time, the statute of limitations exists to checkmate wrongdoings as fast as possible. It is also unfair for someone to be repeatedly threatened with lawsuits for decades-old occurrences. The statute of limitations permits people to move on without fear of legal repercussions.

Statute of Limitations by State

In 2023, some states may have changed their statute of limitations; you must stay current on any law changes.

For starters, using alphabetical order states like Alabama, Alaska, and Arizona have a statute of limitations for personal injury cases two years from the date of the injury. However, the state of Arkansas is three years from the date of the injury.

It is also two years in California, Colorado, Connecticut, and Delaware. But in Florida, the statute of limitations for personal injury cases is up to four years from the date of the injury.

States like Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, and Kansas still have theirs at two years from the date of the injury. However, Kentucky and Louisiana have only one year from the date of the injury.

Maine, in contrast, has a statute of limitations for personal injury cases at a whopping six years from the date of the injury. While Maryland, Michigan, Mississippi, Massachusetts, and Montana are at three years.

Next, we have Minnesota, where the statute of limitation for personal injury cases is two years, compared to Missouri's and Nebraska's five and four years, respectively. Meanwhile, in states like New Hampshire, New Mexico, New York, and North Carolina, the statute of limitations for personal injury cases is three years from the injury date. Then we have Nevada and New Jersey at two each. Finally, the last of the "N" states North Dakota has a statute of limitations at six years from the injury.

In Ohio, Oklahoma, Oregon, and Pennsylvania, we have just two years after injury. Then three years for Rhode Island, South Carolina, and South Dakota. You have just one year from the injury date for the volunteer state of Tennessee.

Texas has two years, while Utah and Vermont have four and three years, respectively. Virginia and West Virginia also have two years, while Washington and Wisconsin have three years max. Lastly, the cowboy state, Wyoming, gives up to four years after injury.

Conclusion

You must note that the statute of limitations can be extended or shortened under certain circumstances, such as if the plaintiff is a minor or if the injury was not immediately discovered. “Try consulting with a personal injury attorney to determine the statute of limitations in your state and whether any exceptions apply,” says personal injury attorney Michael McCready.