Injury Law Glossary

What is a Statute of Limitations?

When relating to personal injury, it means that there's a specific period of time where you can bring a lawsuit against a person or company you think is at fault.

A statute of limitations is a law that only allows claims to be brought for a certain period of time after an event or action. When relating to personal injury, it means that there's a specific period of time where you can bring a lawsuit against a person or company you think is at fault.

Statutes of limitations exist to make sure that the evidence in a case is "fresh" — that is, that evidence and witness testimony are likely to still be useful to the court in figuring out what happened.

Statute of Limitations By State

This means that you only have a certain amount of time after an accident to start your claim. How much time depends on which state you live in. Always make sure to speak to a lawyer to confirm, but here's a general list of the statute of limitations by state:

  • One Year: Kentucky, Louisiana, Tennessee
  • Two Years: Colorado [three years for car accidents], Alabama, Alaska, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia
  • Three Years: Colorado [for car accidents], Arkansas, Washington DC, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin
  • Four Years: Florida, Nebraska, Utah, Wyoming
  • Five Years: Missouri
  • Six Years: Maine, North Dakota

What If the Statute of Limitations Has Passed in My Case?

Don't automatically assume that nothing can be done if the statute of limitations has passed. There may still be a way to resolve your case in a satisfactory way. You'll need to talk directly to a lawyer to discuss your options.