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Civil Statutes of Limitations by State (2018)

Each state has statutory time limits for filing tort lawsuits. The filing deadline ranges from a few months to over a decade depending on the state, the type of case, and whether tolling provisions apply due to the plaintiff’s age, a mental illness, or another factor. On this page, we’ve outlined the statutes of limitations for common types of civil lawsuits in each state including actions arising from personal injury, wrongful death, medical malpractice, product liability, and the negligence of government entities.

 

Alabama

 

Personal Injury Lawsuits

In Alabama, most personal injury lawsuits must be filed within two years of the date the injury occurred. In certain scenarios, the clock does not start running until the cause of action is discovered or should have been discovered through reasonable diligence.

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years after the cause of action accrued, but if the cause of action is not discovered until the two years have passed, the plaintiff has six months from the date of discovery (or the date the cause of action should have been discovered) to file the lawsuit. There is a statute of repose of four years for medical malpractice cases in Alabama, which means these lawsuits cannot be filed more than four years after the cause of action accrued; however, there is an exception for children. For medical malpractice cases involving injuries to minors, the lawsuit must be filed within four years of the cause of action or by the victim’s eighth birthday, whichever is later.

 

Claims Against Government Entities

A notice of claim must be filed within six months of the cause of action for claims against city entities. For county entities, the deadline for filing the notice of claim is one year.

 

Reasons for Tolling the Alabama Personal Injury Statute of Limitations

  • For minors, the personal injury statute of limitations ends three years after their 19th birthday, except in medical malpractice cases.

 

Authority
Alabama Code § 6-2-8
Alabama Code § 6-2-482
Alabama Code § 6-2-38

 

Alaska

 

Personal Injury Lawsuits

Two years from the date of injury or from the date when the injury was discovered or should have been discovered through reasonable diligence. No personal injury lawsuit can be filed after 10 years have passed since the injury except in cases involving gross negligence or an intentional act, prolonged exposure to hazardous waste, misrepresentation or fraud, breach of guarantee or warranty, a defective product, or breach of fiduciary duty.

 

Wrongful Death Lawsuits

Two years from the date of death. No wrongful death lawsuit can be filed after 10 years have passed since the death except in cases involving gross negligence or an intentional act, prolonged exposure to hazardous waste, misrepresentation or fraud, breach of guarantee or warranty, a defective product, or breach of fiduciary duty.

 

Property Damage

No lawsuit can be filed after 10 years have passed since the property damage except in cases involving gross negligence or an intentional act, prolonged exposure to hazardous waste, misrepresentation or fraud, breach of guarantee or warranty, a defective product, or breach of fiduciary duty.

 

Medical Malpractice Lawsuits

Usually two years from the date the cause of action accrued. In certain cases, the clock does not start running until the patient discovers the elements to justify the cause of action. If the victim was younger than 8, the clock does not start running until his or her eighth birthday.

 

Product Liability Lawsuits

Four years from the date the product is sold unless the product warranty explicitly extends to future performance, in which case the statute of limitations for the product liability lawsuit would be four years from the date of injury

 

Reasons for Tolling the Alaska Personal Injury Statute of Limitations

  • The facts related to the cause of action were misrepresented by the defendant
  • Evidence related to the cause of action was fraudulently concealed by the defendant
  • The person entitled to bring the action is incompetent due to a mental illness or mental disability
  • The person entitled to bring the action is under the age of 18

 

Authority
Alaska Stat. Ann. § 09.10.055
Alaska Stat. Ann. § 09.10.070
Alaska Stat. Ann. § 09.55.580

 

Arizona

 

Personal Injury Lawsuits

Two years from the date of the injury or from the date when the plaintiff discovers the injury or should have discovered it through reasonable diligence. However, there are exceptions for minors and people who are “of unsound mind.”

 

Wrongful Death Lawsuits
Two years from the date of the death

 

Medical Malpractice Lawsuits

Two years from the date of the malpractice or from the date when the plaintiff discovers the elements to justify the cause of action

 

Claims Against Government Entities

A Notice of Claim must be filed within 180 days of the incident

 

Product Liability Lawsuits

Two years from the date of the injury or the date when the injury should have been discovered through reasonable diligence, but no later than 12 years after purchasing the product

 

Reasons for Tolling the Arizona Personal Injury Statute of Limitations

  • For cases involving injuries to minors, the statute of limitations is tolled until the victim reaches age 18
  • If the plaintiff is “of unsound mind,” the statute of limitations is tolled until the disability is removed

 

Authority
Ariz. Rev. Stat. Ann. § 12-542
Ariz. Rev. Stat. Ann. § 12-821

 

Arkansas

 

Personal Injury Lawsuits

Three years from the date the injury occurred or from the date when the victim discovered (or should have discovered) the cause of action

 

Wrongful Death Lawsuits

Three years from the date of death

 

Medical Malpractice Lawsuits

Usually two years. If the plaintiff files a notice of intent to file a claim within 30 days of the date when the SOL expires, the SOL will be tolled for 90 days. If a foreign object was left inside the patient and it was not discovered within the two-year deadline, the lawsuit can be filed within one year from the date the object was discovered or should have been discovered through reasonable diligence. The statute of limitations may be tolled if the healthcare provider commits fraud. In certain cases, the statute of limitations might not start running until the course of treatment is complete.

 

Claims Against Government Entities

In Arkansas, claims against the government are typically not permitted, but when they are, the statute of limitations is usually five years.

 

Reasons for Tolling the Arkansas Personal Injury Statute of Limitations

  • Evidence of negligence was fraudulently concealed.
  • When a minor is injured, the statute of limitations expires on his or her 21st This does not apply to wrongful death cases.
  • The plaintiff has a “legal disability.”

 

Authority
A.C.A. § 16-114-203
A.C.A. § 16-116-103

 

California

Personal Injury Lawsuits
Two years from the date of injury or one year from the date when the injury was discovered or should have been discovered through reasonable diligence

 

Wrongful Death Lawsuits

Two years from the date of death. No statute of limitations applies to wrongful death lawsuits arising from murder.

 

Property Damage Lawsuits
Three years from the date the damage occurred

 

Medical Malpractice Lawsuits

Three years from the date when the malpractice occurred or three years from the date when the cause of action was discovered or should have been discovered. If a foreign object was left inside a patient, the victim has one year to file the lawsuit from the date of discovery.

 

Personal Injury Claims Against Government Entities
You must file an administrative claim with the appropriate agency within six months (one year in some cases) of the accident. The government has 45 days to respond. You can file a lawsuit in court if your claim is denied. If you received a rejection letter, you only have six months to file the lawsuit. If you did not receive this letter, you have two years from the date the cause of action accrued to file the lawsuit.

 

Reasons for Tolling the California Personal Injury Statute of Limitations

  • For cases involving injuries to minors, the statute of limitations does not start to run until the minor’s 18th
  • The injury victim was not mentally competent at the time of injury.
  • Bankruptcy was filed, putting an automatic stay on other legal proceedings.

 

Authority
California Code of Civil Procedure section 340.5
California Code of Civil Procedure section 335.1

 

Colorado

 

Personal Injury Lawsuits

The SOL is usually two years from the date of the injury or the date when the cause of action should have been discovered through reasonable diligence. This increases to three years if an auto accident is the cause of action—unless the victim died, in which case the SOL is two years.

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years from the date of the malpractice or from the date when the cause of action was discovered. Even with the discovery rule, medical malpractice lawsuits cannot be filed in Colorado after three years have passed since the malpractice occurred, unless the malpractice was fraudulently covered up or a foreign object was left in the victim. If the victim is under 6 years old, the lawsuit must be filed by his or her eighth birthday.

 

Claims Against Government Entities

You must submit a written notice within 180 days of your injury.

 

Reasons for Tolling the Colorado Personal Injury Statute of Limitations

  • The injury victim is a minor, in which case the statute of limitations does not start to run until his or her 18th
  • Evidence related to the cause of action was fraudulently concealed.
  • The defendant filed for bankruptcy, putting an automatic stay on other legal proceedings.
  • The plaintiff suffers from a mental disability.

 

Authority
Colo. Rev. Stat. Ann. § 13-80-102
Colo. Rev. Stat. Ann. § 13-80-108

 

Connecticut

 

Personal Injury Lawsuits

Two years from the date of injury or from the date when the cause of action was discovered. No personal injury lawsuit can be filed after three years have passed since the cause of action accrued.

 

Wrongful Death Lawsuits

Two years from the date of death. In some cases, five years from the date when the act or omission was complained of.

 

Medical Malpractice Lawsuits

Two years from date of the malpractice or the date when the cause of action was discovered. No medical malpractice lawsuit can be filed more than three years after cause of action accrued. In some cases, the statute of imitations does not start running until the course of treatment has been completed.

 

Claims Against Government Entities

Claims must be filed within one year of the cause of action or discovery of the cause of action. Even with the discovery rule, the claim cannot be filed after three years have passed since the cause of action accrued. The one-year limitation may be extended in certain circumstances, but no claim can be made after three years have passed since the date of the act or the complaint regarding the incident.

 

Product Liability

Three years from cause of action or from the date when the cause of action was discovered

 

Authority
Connecticut General Statutes § 52-584
Connecticut General Statutes § 52-577

 

Delaware

 

Personal Injury Lawsuits

Two years from the date of injury

 

Wrongful Death Lawsuits

Two years from date of death

 

Medical Malpractice Lawsuits

Two years from date of injury or the date when the cause of action was discovered. No medical malpractice lawsuit can be field after three years have passed since the cause of action accrued. Children younger than 6 have until their sixth birthday or two years, whichever is greater, to file a medical malpractice lawsuit.

 

Authority
10 Del. C. § 8119

 

Florida

 

Personal Injury Lawsuits

Four years from the date of injury or the date when the cause of action was discovered or should have been discovered through reasonable diligence

 

Wrongful Death Lawsuits

Two years from the date of death, with a few exceptions

 

Medical Malpractice Lawsuits

Two years from the date when the medical malpractice occurred or from when the cause of action was discovered or should have been discovered. No medical malpractice claim in Florida can be filed more than four years after the cause of action accrued; however, this four-year limitation does not bar actions brought on behalf of children on or before their eighth birthday.

 

Claims Against Government Entities

You must provide a written notice of the claim to the relevant state agency. A subsequent 180-day investigation period must pass before you can file a lawsuit. If your claim is denied, your lawsuit must be filed within three years of the date of the injury. If your claim is for wrongful death, it must be filed within two years.

 

Reasons for Tolling the Florida Personal Injury Statute of Limitations

  • If a minor is injured due to another party’s negligence, the lawsuit must be filed within four years with the exception of medical malpractice cases.
  • The defendant is outside the state of Florida or is in Florida but has concealed himself or herself to prevent service of process.
  • The SOL may be tolled if the victim was mentally incapacitated or incompetent before the injury occurred. This does not apply if the incapacity was caused by the injury.
  • The defendant misrepresented facts or concealed evidence related to the claim.

 

Authority
Florida Statutes section 95.11

 

Georgia

 

Personal Injury Lawsuits

Two years from date of injury

 

Wrongful Death Lawsuits

Two years from date of death

 

Medical Malpractice Lawsuits

Two years from date when the medical malpractice occurred or the date when the cause of action was discovered. However, no medical malpractice lawsuit can be filed after five years have passed since the cause of action accrued. The only exception is if a foreign object was left inside a patient, in which case he or she has one year from the date of discovery to file the lawsuit.

 

Claims Against Government Entities

Two years for lawsuits filed against the state, as little as six months for claims against a county or city

 

Loss of Consortium

Four years

 

Reasons for Tolling the Georgia Personal Injury Statute of Limitations

  • If the claimant is a minor, the statute of limitations does not start to run until his or her 18th
  • If the injured person was mentally ill or legally incompetent at the time of the injury, the SOL may be tolled until the disability is removed.
  • If the wrongful act involved the commission of a crime, the SOL is tolled until the criminal case is resolved, but no longer than six years from the date of the injury.
  • The defendant has declared bankruptcy, putting an automatic stay on other legal proceedings.
  • The defendant engaged in fraudulent conduct to prevent the claimant from bringing legal action.

 

Authority
OCGA § 9-3-31
OCGA § 9-30-90 § 9-3-71
OCGA § 9-3-33

 

Hawaii

 

Personal Injury Lawsuits

Usually two years. If you receive no-fault benefits, workers’ comp, or public assistance due to the accident, the statute of limitations does not start until the last payment.

 

Wrongful Death Lawsuits

Two years from date of death

 

Medical Malpractice Lawsuits

Two years from the date of the medical malpractice or from the date when the cause of action was discovered or should have been discovered through reasonable diligence. No claim can be filed after six years have passed since the cause of action accrued. If the victim is under age 10, the lawsuit must be filed within six years of his or her 10th birthday.

 

Claims Against Government Entities

For claims against the state, the statute of limitations is two years from the date of the cause of action. Claims against the county must be filed within six months.

 

Reasons for Tolling the Hawaii Personal Injury Statute of Limitations

  • The victim was younger than 18 when the cause of action accrued
  • The victim was legally insane when the cause of action accrued
  • The victim was incarcerated when the cause of action accrued

 

Authority
HRS § 657

 

Idaho

 

Personal Injury Lawsuits

Two years from the date of injury

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years from the date when the medical malpractice occurred. If a foreign object was left inside the victim, the two-year time limit does not start until the discovery of the object.

 

Claims Against Government Entities

You must file a Notice of Tort Claim within 180 days of the injury.

 

Product Liability

Two years from the date when the cause of action accrued. Product liability lawsuits cannot be filed more than 10 years after the product was purchased.

 

Reasons for Tolling the Idaho Personal Injury Statute of Limitations

  • When the victim is a minor, the statute of limitations starts when he or she turns 18, but the action cannot be commenced after six years have passed since the date the cause of action accrued.
  • The victim was legally insane when the cause of action accrued.
  • The victim was incarcerated when the cause of action accrued.

 

Authority
Idaho Code § 5-230
Idaho Code § 5-219

 

Illinois

 

Personal Injury Lawsuits

Two years from the date of injury or from the date when the cause of action was discovered or should have been discovered through reasonable diligence

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years from the date when the medical malpractice occurred, or four years from the date of the malpractice if the cause of action could not have been discovered within the two-year timeframe. If the victim is a minor, the statute of limitations is eight years, but the claim must be filed by victim’s 22nd birthday.

 

Claims Against Government Entities

You can either file a formal notice of claim within one year of the cause of action OR file a lawsuit within one year of the cause of action. If you choose to file a notice of claim, your lawsuit must still be filed within two years of the cause of action. If the claim involves wanton or willful misconduct, it must be filed within one year unless you were a victim of medical malpractice, in which case the claim must be filed within two years.

 

Reasons for Tolling the Illinois Personal Injury Statute of Limitations

  • When the victim is a minor, the two-year time limit does not start running until his or her 18th
  • The victim has a physical or mental disability that prevents him or her from making decisions regarding the claim.
  • The victim was imprisoned at the time the cause of action accrued.

 

Authority
735 ILCS 5/13-202
735 ILCS 5/13-211
735 ILCS § 5/13-212

 

Indiana

 

Personal Injury Lawsuits

Two years from the date of injury

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years after the malpractice occurred or after the cause of action was discovered or should have been discovered through reasonable diligence. If the victim is younger than 6, the deadline for filing the claim is the child’s eighth birthday. In some cases, the statute of limitations does not start to run until the treatment stops.

 

Claims Against Government Entities

For claims against a political subdivision, the plaintiff must submit a Tort Claims Notice within 180 days of the incident. This deadline extends to 270 days for claims against the state. If the victim is a minor, the timeframe does not begin until his or her 18th birthday.

 

Reasons for Tolling the Indiana Personal Injury Statute of Limitations

  • If the victim is a minor, the two-year time limit does not start running until his or her 18th
  • The defendant concealed evidence to prevent the claimant from bringing legal action.

 

Authority
IC § 34-11-2-4

 

Iowa

 

Personal Injury Lawsuits

Two years from the date of the injury or from the date when the injury was discovered or should have been discovered through reasonable diligence

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years from the date of the medical malpractice or from the date when the cause of action was discovered or should have been discovered. Medical malpractice lawsuits cannot be filed more than six years after the incident unless a foreign object was left inside the patient, in which case the deadline is two years after the object was discovered with no statute of repose.

 

Claims Against Government Entities

Two years for claims against the state

 

Reasons for Tolling the Iowa Personal Injury Statute of Limitations

  • The claimant is mentally ill.
  • If the victim is a minor, the SOL does not end until one year after his or her 18th

 

Authority
Iowa Code Section 614.1

 

Kansas

 

Personal Injury Lawsuits

Usually two years. If you were injured by an uninsured motorist, the statute of limitations is five years from the date of injury.

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years from the date when the cause of action was discovered or should have been discovered through reasonable diligence. No medical malpractice lawsuit can be filed more than four years after cause of action accrued.

 

Reasons for Tolling the Kansas Personal Injury Statute of Limitations

  • Injured minors have until their 19th birthday to file a claim, but no more than eight years after the date of the injury.
  • The defendant is out of state or has concealed himself or herself.
  • The defendant concealed facts to prevent the plaintiff from bringing legal action.
  • The plaintiff was mentally incapacitated when the cause of action accrued.
  • The plaintiff was imprisoned when the cause of action accrued.

 

Authority
KSA § 60-513

 

Kentucky

 

Personal Injury Lawsuits

For most personal injury lawsuits, the statute of limitations is one year after the injury or after the discovery of the cause of action; however, for most personal injury lawsuits arising from motor-vehicle collisions, the statute of limitations is two years. If you have PIP coverage, the statute of limitations does not start to run until your last PIP payment.

 

Wrongful Death Lawsuits

Usually one year from the date of death. Two years for wrongful death arising from an auto accident.

 

Loss of Consortium Claims
One year from the date of death, or for minor children, one year from reaching age 18.

 

Medical Malpractice Lawsuits

One year from the date when the medical malpractice occurred or when the cause of action was discovered or should have been discovered. The statute of limitations for wrongful death lawsuits arising from medical malpractice is two years. Medical malpractice lawsuits cannot be filed after five years have passed since the cause of action accrued.

 

Claims Against Government Entities

Must be filed within one year of the date when the cause of action accrued

 

Reasons for Tolling the Iowa Personal Injury Statute of Limitations

  • If the victim is a minor, the statute of limitations does not start running until his or her 18th birthday or until he or she is emancipated.
  • The defendant fraudulently concealed evidence or misrepresented facts to hide his or her role in causing the plaintiff’s injuries.

 

Authority
KRS 413.140
KRS 304.39-230

 

Louisiana

 

Personal Injury Lawsuits

One year from the date of the injury or from the date when the cause of action was discovered or should have been discovered through reasonable diligence.

 

Wrongful Death Lawsuits

One year from the date of death.

 

Medical Malpractice Lawsuits

One year from the date when the medical malpractice occurred or from the date when the claimant discovered or should have discovered through reasonable diligence the cause of action; however, no medical malpractice lawsuit can be filed more than three years after the cause of action accrued.

 

Claims Against Government Entities

You must file your claim within 180 days of the date when the cause of action accrued

 

Authority
La. Civ. Code art. 3492

 

Maine

 

Personal Injury Lawsuits

Six years from the date of injury

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Three years from the date when the medical malpractice occurred or from the date of the last act of medical negligence in the case of continuing care. When a foreign object is left inside the patient, the statute of limitations is three years after discovering the object. For minors, the lawsuit must be filed within six years or within three years of the minor reaching the “age of majority,” whichever comes first.

 

Claims Against Government Entities

You must submit a Notice of Claim within 180 days unless you can show good cause as to why the Notice was not filed within 180 days.

 

Reasons for Tolling the Maine Personal Injury Statute of Limitations

  • The defendant is out of state
  • The plaintiff is out of the country
  • Evidence was fraudulently concealed from the plaintiff
  • The plaintiff was imprisoned when the cause of action accrued
  • The plaintiff had a mental illness when the cause of action accrued
  • The plaintiff was younger than 18 when the cause of action accrued

 

Authority
24 MRS § 2902
18-A MRS § 2-804
14 MRS § 752

 

Maryland

 

Personal Injury Lawsuits

Three years from the date of injury

 

Wrongful Death Lawsuits

Three years from the date of death

 

Medical Malpractice Lawsuits

Three years from the date when the medical malpractice occurred or from the date when the cause of action was discovered, but no later than five years after the malpractice occurred. For malpractice victims who are younger than 11, the SOL does not start running until their 11th birthday, unless a foreign object was left inside their body or they suffered an injury to their reproductive system, in which case the SOL starts running on their 16th birthday.

 

Claims Against Government Entities

You must submit a written claim within one year of the date when the cause of action accrued.

 

Authority
Md. Code Ann. § 12-106
Md. Cts. & Jud. Proc. Code § 5-101

 

Massachusetts

 

Personal Injury Lawsuits

Three years from the date when the cause of action accrued or the date when the cause of action was discovered or should have been discovered through reasonable diligence

 

Wrongful Death Lawsuits

Three years from the date of death

 

Medical Malpractice Lawsuits

Three years from the date of the medical malpractice or from the date when the cause of action became known or should have become known. No medical malpractice claim can be filed after seven years have passed since the cause of action accrued.

 

Claims Against Government Entities

You have three years to file the lawsuit, but you must serve the entity within two years.

 

Reasons for Tolling the Massachusetts Personal Injury Statute of Limitations

  • The defendant fraudulently concealed the cause of action from the claimant
  • The defendant is out of state
  • The claimant was a minor or mentally incapacitated when the cause of action accrued

 

Authority
Mass. Ann. Laws Ch. 260 § 2A
Mass. Ann. Laws Ch. 260 § 4

 

Michigan

 

Personal Injury Lawsuits

There’s a one-year deadline for submitting an application for first-party no-fault benefits after a car accident. The general deadline for third-party claims is three years from the date when the cause of action accrued or from the date when the cause of action should have been discovered through reasonable diligence. This deadline applies to product liability, third-party car accident claims, dog attacks, and other negligence claims.

 

Wrongful Death Lawsuits

Two years from the date when the deceased’s personal representative issued the letters of authority, but no later than three years after the death

 

Medical Malpractice Lawsuits

Two years after the medical malpractice occurred or six months after the cause of action is discovered, whichever is later. You cannot file a medical malpractice lawsuit after six years have passed since the act or omission, with a few exceptions. If the victim is younger than 8, the statute of limitations expires on his or her 10th birthday, unless the child suffered an injury to his or her reproductive system when he or she was younger than 13, in which case the SOL expires on his or her 15th birthday.

 

Claims Against Government Entities

You must notify the relevant government agency within 120 days of the incident. If your claim is denied, you have two years to file a lawsuit.

 

Reasons for Tolling the Michigan Personal Injury Statute of Limitations

  • Except in medical malpractice cases, minors have until their 19th birthday to bring a claim

 

Authority
MCLA § 500.3145
MCLA § 600.5805

 

Minnesota

 

Personal Injury Lawsuits

Six years from the date of injury if caused by negligence. Two years from the date of injury if caused by intentional harm.

 

Wrongful Death Lawsuits

Three years from the date of death, but no statute of limitations applies to wrongful death lawsuits arising from murder.

 

Medical Malpractice Lawsuits

Four years from the date when the cause of action accrued, but three years for cases involving wrongful death.

 

Claims Against Government Entities

You must provide a formal notice of the claim within 180 days of the injury, and the standard statute of limitations for the given tort applies.

 

Product Liability Lawsuits

Within six months of establishing an attorney-client relationship, you must notify the defendant(s) of your intent to file a product liability claim. If you intend to sue based on the strict liability of a retailer or manufacturer, you have four years from the date of injury to file.

Lawsuits Against Dram Shops (Liquor Liability)
You must provide formal notice within 240 days and file your lawsuit within two years.

 

Reasons for Tolling the Minnesota Personal Injury Statute of Limitations

  • When the plaintiff is a minor, the lawsuit must be filed within one year of his or her 18th birthday or seven years from the date when the cause of action accrued, whichever comes first.
  • The defendant has filed for bankruptcy, putting an automatic stay on other legal proceedings.
  • The defendant fraudulently concealed evidence or misrepresented facts to prevent the plaintiff from bringing legal action.

 

Authority
MSA § 541.07
MSA § 573.02
MSA § 541.076

 

Mississippi

 

Personal Injury Lawsuits

For claims arising from negligence, the SOL is three years from the date of injury or the date when the cause of action was discovered or should have been discovered through reasonable diligence. For claims arising from intentional harm, the SOL is one year from the date of injury.

 

Wrongful Death Lawsuits

Usually three years, but one year for wrongful death claims arising from intentional harm. For medical malpractice, the SOL is two years from the date of death or two years from the date when the cause of action was discovered or should have been discovered.

 

Medical Malpractice Lawsuits

Two years from the date when the medical malpractice occurred or from the date when the cause of action was discovered or should have been discovered. No medical malpractice lawsuit can be filed more than seven years from the date when the cause of action accrued. If the victim is younger than 6, the lawsuit must be filed within two years of his or her sixth birthday.

 

Claims Against Government Entities

In Mississippi, you have one year to file a tort lawsuit against a government entity, but at least 90 days before you file, you must submit a notice of claim to the appropriate government agency.

 

Authority

MCA § 15-1-49
MCA § 15-1-36

 

Missouri

 

Personal Injury Lawsuits

Five years if the lawsuit is based on negligence, two years if it is based on an intentional tort

 

Wrongful Death Lawsuits

Three years from date of death

 

Medical Malpractice Lawsuits

Two years from the date when the malpractice occurred with a few exceptions. If a foreign object was left inside a patient, the SOL is two years from the date of discovering the object or from the date when it should have been discovered through reasonable diligence. If the claim arises from misdiagnosis, the SOL is two years from the date when the misdiagnosis was discovered or should have been discovered. If the victim is a minor, the SOL is two years after the victim’s 18th birthday or 10 years after the medical malpractice occurred, whichever is later.

 

Reasons for Tolling the Missouri Personal Injury Statute of Limitations

  • If the claimant is a minor, the statute of limitations does not start running until he or she reaches age 21.
  • The defendant is a resident of Missouri but out of state.

 

Authority
Missouri Revised Statutes § 516.105
Missouri Revised Statutes § 537.100

 

Montana

 

Personal Injury Lawsuits

Three years for personal injury lawsuits arising from negligence, two years for lawsuits arising from intentional torts

 

Wrongful Death Lawsuits

Three years from the date of death

 

Medical Malpractice Lawsuits

Medical malpractice lawsuits must be filed within two years of the malpractice or of the date when the cause of action was discovered. Claims cannot be filed more than five years after the cause of action accrued. If the victim is younger than 4, the SOL starts running when he or she turns 8 or dies, whichever happens first.

 

Authority
Mont. Stat. § 27-2

 

Nebraska

 

Personal Injury Lawsuits

Four years from the date of injury for personal injury lawsuits arising from negligence. The SOL for lawsuits arising from intentional torts is one year.

 

Wrongful Death Lawsuits

Usually two years from the date of death, but four years in product liability cases

 

Medical Malpractice Lawsuits

Two years from the date when the medical malpractice occurred or one year after the injury was discovered or should have been discovered if the discovery date is more than two years after the date the injury occurred. The statute of repose for medical malpractice lawsuits in Nebraska is 10 years.

 

Claims Against Government Entities

Two years from date of injury

 

Product Liability

Product liability lawsuits must be filed within four years of death, injury, or damage occurs. No product liability lawsuit can be filed more than 10 years after date of product manufacture.

 

Authority
Neb. Rev. Stat. § 25-207
Neb. Rev. Stat. § 30-809
Neb. Rev. Stat. § 30-810
Neb. Rev. Stat. § 25-222

 

Nevada

 

Personal Injury Lawsuits

Two years from date of injury

 

Wrongful Death Lawsuits

Two years from date of death

 

Medical Malpractice Lawsuits

Three years from the date of the act or omission that caused injury, or one year from the date the cause of action was discovered or should have been discovered. If the victim was a minor, the SOL does not start to run until he or she reaches age 18. For cases involving brain injuries or birth defects, the claim must be filed before the child’s 10th birthday. For cases involving sterility, the claim must be filed within two years of the date when the injury was discovered.

 

Claims Against Government Entities

Claims must be filed within two years of the date when the cause of action accrued

 

Product Liability

Four years from the date of injury

 

Reasons for Tolling the Nevada Personal Injury Statute of Limitations

  • The claimant is under the age of 18, in which case the statute of limitations does not start running until his or her 18th birthday, except in medical malpractice cases.
  • The claimant was mentally incompetent at the time the cause of action accrued.

 

Authority
NRS § 11.190
NRS § 41A.097

 

New Hampshire

 

Personal Injury Lawsuits

Three years from the date of injury or from the date when the victim should have discovered the cause of action

 

Wrongful Death Lawsuits

Three years from the date of death

 

Medical Malpractice Lawsuits

Three years from the date of the malpractice or from the date when the cause of action was discovered or should have been discovered. If the patient was younger than 8 when the injury occurred, the parents have until the child’s 10th birthday to file the claim.

 

Claims Against Government Entities

You must file a formal claim with the appropriate agency within 180 days of the date when the cause of action accrued.

 

Product Liability Lawsuits

A product liability lawsuit cannot be filed more than 12 years after the product’s date of sale or manufacture

 

Authority
N.H. Rev. Stat. Ann. § 508:4

 

New Jersey

 

Personal Injury Lawsuits

Two years from date of injury

 

Wrongful Death Lawsuits

Two years from date of death

 

Medical Malpractice Lawsuits

Two years from date when the medical malpractice occurred or when the cause of action should have been discovered. If a child was a victim of medical malpractice at birth, the claim must be filed by his or her 18th birthday (if born before July 2004) or 13th birthday (if born after July 2004).

 

Claims Against Government Entities

You must file a notice of claim within 90 days of the date when the cause of action accrued

 

Reasons for Tolling the New Jersey Personal Injury Statute of Limitations

  • The claimant is mentally incapacitated or incompetent.
  • If the claimant is younger than 18, he or she has up to two years after his or her 18th birthday to file a lawsuit.

 

Authority
NJSA § 2A:14-2

 

New Mexico

 

Personal Injury Lawsuits

Three years after the injury

 

Wrongful Death Lawsuits

Three years after the death

 

Medical Malpractice Lawsuits

Usually three years after the malpractice occurred. If the victim is younger than 6 and the defendant is a “qualified healthcare provider” as defined in the New Mexico Medical Malpractice Act, the lawsuit must be filed by the victim’s ninth birthday.

 

Claims Against Government Entities

You must file a tort claims notice within 90 days of the date when the cause of action accrued. The statute of limitations for tort lawsuits against the government is usually two years. If the victim is younger than 7, the lawsuit must be filed by his or her ninth birthday.

 

Reasons for Tolling the New Mexico Personal Injury Statute of Limitations

  • If the plaintiff is a minor, he or she has until one year after his or her 18th birthday to file the lawsuit
  • The defendant fraudulently concealed facts or evidence to prevent the plaintiff from bringing legal action

 

Authority
NMSA § 37-1-8

 

New York

 

Personal Injury Lawsuits

For personal injury lawsuits arising from negligence, the SOL is usually three years after the date of the injury or the date when the cause of action was discovered or should have been discovered. For intentional torts, the SOL is one year from the date of injury.

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Thirty months from the date of the malpractice or the date when the cause of action was discovered or should have been discovered. If a foreign object was left inside a patient, the lawsuit must be filed within one year of the date of discovery or the date when the object should have been discovered. If the victim is a minor, the statute of limitations is three years after his or her 18th birthday, but the lawsuit cannot be filed more than 10 years after the injury occurred.

 

Claims Against Government Entities

You must file a Notice of Claim within 90 days of the incident, and the lawsuit must be filed within one year and 90 days of the date when the cause of action accrued.

 

Reasons for Tolling the New York Personal Injury Statute of Limitations

  • The claimant is mentally incompetent.
  • In New York, the SOL for tort claims arising from injuries to minors does not start running until the victim’s 18th In most personal injury cases, that means a minor who is injured has until his or her 21st birthday to file a lawsuit.

 

Authority
N.Y. C.P.L.R. § 214

 

North Carolina

 

Personal Injury Lawsuits

Three years from the date of injury or from the date when the cause of action was discovered or should have been discovered. However, even with the discovery rule, the lawsuit must be filed within 10 years of the injury.

 

Wrongful Death Lawsuits

Two years from date of death

 

Medical Malpractice Lawsuits

The statute of limitations for medical malpractice lawsuits in North Carolina is three years from the date of the malpractice or two years from the date when the cause of action was discovered or should have been discovered. However, even if the malpractice is not discovered until many years after it occurred, the claim cannot be filed after four years have passed since the incident. An exception is if a foreign object was left inside the patient, in which case the victim would have one year from the date of discovering the cause of action to file the claim, but such a claim cannot be filed more than 10 years after the malpractice occurred.

 

Product Liability Lawsuits

In North Carolina, a product liability lawsuit must be filed within six years of the date when the product was purchased.

 

Reasons for Tolling the North Carolina Personal Injury Statute of Limitations

  • If the plaintiff is a minor, the statute of limitations does not start running until his or her 18th

 

Authority
NCGSA § 1-52
NCGSA § 1-53

 

North Dakota

 

Personal Injury Lawsuits

Usually six years from the date of injury

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years from the date when the medical malpractice occurred or when the cause of action was discovered or should have been discovered. However, medical malpractice lawsuits in North Dakota must be filed within six years of the date when the malpractice occurred, unless the doctor or hospital engaged in fraudulent conduct to cover up the negligence. If the victim is a minor, the claim cannot be filed after more than 12 years have passed since the malpractice occurred.

 

Product Liability Lawsuits

The lawsuit must be filed within 10 years of the initial purchase or 11 years of the product’s manufacture

 

Authority
NDCC § 28-01-16
NDCC § 28-01-18

 

Ohio

 

Personal Injury Lawsuits

Two years from the date when the injury occurred or when the cause of action was discovered or should have been discovered

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Medical malpractice lawsuits must be filed within one year of the date when the doctor-patient relationship ended or when the cause of action was discovered, whichever comes later. You cannot file a medical malpractice lawsuit after four years have passed since the malpractice occurred.

 

Claims Against Government Entities

Usually, claims against a government entity must be filed within two years of the date when the cause of action accrued.

 

Product Liability Lawsuits

Product liability lawsuits are governed by the same two-year statute of limitations that applies to other personal injury cases, but you cannot file a product liability lawsuit after 10 years have passed since you purchased the product.

 

Reasons for Tolling the Ohio Personal Injury Statute of Limitations

  • The claimant is mentally incompetent.
  • If the claimant is a minor, the SOL does not start running until he or she turns 18.
  • The defendant is out of state.
  • The defendant has absconded or concealed himself or herself.
  • The claimant was imprisoned when the cause of action accrued.

 

Authority
ORCA § 2305.10
ORCA § 2305.113

 

Oklahoma

 

Personal Injury Lawsuits

Two years from the date of injury or the date when the cause of action was discovered or should have been discovered

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years from the date when the medical malpractice occurred or when the cause of action was discovered or should have been discovered. If the victim is younger than 12, the parent or legal guardian has seven years from the date of the incident to file the lawsuit. If the victim is between the ages 12 and 17, he or she has until one year after his or her 18th birthday to file the lawsuit.

 

Claims Against Government Entities

You must file a Notice of Tort Claim within one year of the incident. The government has 90 days to respond, and you must file your lawsuit within six months of the date when the 90-day period ends.

 

Reasons for Tolling the Oklahoma Personal Injury Statute of Limitations

  • The claimant is mentally incompetent.
  • If the claimant is a minor, he or she has up to one year after his or her 18th birthday to file a lawsuit.

 

Authority
Okla. Stat. Ann. Tit. 12 § 95

 

Oregon

 

Personal Injury Lawsuits

Usually, the statute of limitations for personal injury lawsuits in Oregon is two years.

 

Wrongful Death Lawsuits

Usually, the statute of limitations for wrongful death lawsuits in Oregon is three years from the date of the deceased’s final injury.

 

Medical Malpractice Lawsuits

In Oregon, medical malpractice claims must be filed within two years of the date when the malpractice occurred or when the cause of action was discovered or should have been discovered. However, no matter how long it takes to discover the cause of action, you cannot file a medical malpractice lawsuit after five years have passed since the cause of action accrued.

 

Claims Against Government Entities

To file a personal injury claim against a government entity in Oregon, you must submit a Notice of Tort Claim within 180 days of the incident or within one year if your case involves wrongful death.

 

Reasons for Tolling the Oregon Personal Injury Statute of Limitations

  • Injured minors must file their lawsuits within one year of their 18th birthday or five years after their injury, whichever comes first. One exception is for claims against government entities, for which the deadline will not be extended beyond two years.

 

Authority
ORS § 12.110
ORS § 30.020

 

Pennsylvania

 

Personal Injury Lawsuits

Two years from the date of injury or the date when the cause of action was discovered or should have been discovered

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years from the date the malpractice occurred or the date when the cause of action was discovered or should have been discover. However, no matter how long it takes to discover the cause of action, the claim must be filed within seven years of the incident. An exception to this seven-year deadline is if a foreign object is left inside a patient. In these cases, the victim usually has two years from the date of discovering the object to file a claim.

 

Claims Against Government Entities

A written notice of intent to sue must be filed within six months of the injury.

 

Reasons for Tolling the Pennsylvania Personal Injury Statute of Limitations

  • The statute of limitations for a claim arising from an injury to a minor (under 18 years old) who has not been emancipated does not start running until his or her 18th
  • The cause of action was not discovered due to fraudulent concealment.

 

Authority
42 P.S. § 5524

 

Rhode Island

 

Personal Injury Lawsuits

Three years from the date of injury

 

Wrongful Death Lawsuits

Three years from the date of death

 

Medical Malpractice Lawsuits

Three years of the date the malpractice occurred or the date when, in the exercise of reasonable care, the cause of action should have been discovered

 

Reasons for Tolling the Rhode Island Personal Injury Statute of Limitations

  • When the claimant is a minor, the statute of limitations does not start running until his or her 18th birthday, except in medical malpractice cases.

 

Authority
RIGL § 9-1-14

 

South Carolina

 

Personal Injury Lawsuits

Usually three years from the date of injury or from the date when the cause of action should have been discovered through reasonable diligence. Only two years for claims against government entities.

 

Wrongful Death Lawsuits

Usually three years from the date of death, but only two years for claims against government entities.

 

Medical Malpractice Lawsuits

Generally, a medical malpractice lawsuit must be filed within three years of the alleged malpractice. The deadline drops to two years when suing a government entity. If the cause of action could not have reasonably been discovered during the allotted two- or three-year period, the plaintiff has up to six years from the date of the incident to file the lawsuit.

 

Claims Against Government Entities

If you intend to sue a South Carolina government entity, such as a police department, government official, or county hospital, you must file a statement of claim within one year of the date when the cause of action accrued.

 

Reasons for Tolling the South Carolina Statute of Limitations

  • The injured party was younger than 18.
  • The injured party was imprisoned after committing a felony.
  • The injured party had a mental illness that prevented him or her from pursuing the case.
  • The parties involved are engaged in good-faith negotiations to avoid a lawsuit.
  • A bankruptcy case put an automatic stay on other legal proceedings.

 

Authority
SC Code Ann. § 15-3-530
SC Code Ann. § 15-3-535
SC Code Ann. § 15-3-545

 

South Dakota

 

Personal Injury Lawsuits

Most personal injury lawsuits in South Dakota must be filed within three years of the date when the injury occurred.

 

Wrongful Death Lawsuits

Three years from the date of death

 

Medical Malpractice Lawsuits

Two years from the date of the malpractice or from the date when the cause of action should have been discovered through reasonable diligence

 

Authority
SDCL § 15-2-14

 

Tennessee

 

Personal Injury Lawsuits

One year from the date of injury or from the date when the cause of action was discovered or should have been discovered through reasonable diligence

 

Wrongful Death Lawsuits

One year from the date of death

 

Medical Malpractice Lawsuits

You must provide written notice to all defendants within one year of the date when the cause of action was discovered. The statute of limitations will then be extended by 120 days. The claim must be filed within three years of the date when the medical malpractice occurred, except in cases when a foreign object is left inside a patient. In these cases, the statute of limitations starts running when the injury or wrongful act is discovered or should have been discovered, with no statute of repose.

 

Claims Against Government Entities

Claims against a government or state entity must be filed within one year of the incident

 

Product Liability Lawsuits

You must file your product liability lawsuit within six years of the injury but no later than 10 years after you purchased the product.

 

Reasons for Tolling the Tennessee Statute of Limitations

  • The injured person is younger than 18, in which case the victim has up to one year after his or her 18th birthday to file the lawsuit.
  • The defendant fraudulently concealed evidence that was necessary to complete the claim.
  • The injured person was determined by the court to be mentally incompetent and is less than 50 percent at fault for his or her injuries.

 

Authority
Tenn. Code § 28-1-106
Tenn. Code § 28-3-104

 

Texas

 

Personal Injury Lawsuits

Two years from the date of injury or from the date when the cause of action was discovered or should have been discovered

 

Wrongful Death Lawsuits

Two years from the date of death unless the defendant fraudulently concealed relevant evidence about the cause of death, the fact that negligence contributed to the death was not discovered until the statute of limitations had expired, the plaintiff was physically or mentally incapacitated and was therefore unable to file the claim before the SOL had passed, or a minor child lost a parent, in which case the SOL is tolled until the minor’s 18th birthday.

 

Medical Malpractice Lawsuits

In Texas, medical malpractice lawsuits must be filed within two years of the date when the cause of action was discovered or should have been discovered. If the injured party is younger than 12, the suit must be filed before his or her 14th birthday. However, under all circumstances, no medical malpractice suit can be brought more than 10 years after the alleged malpractice occurred.

 

Claims Against Government Entities

For lawsuits against a Texas government agency or body, you must submit a notice of intent to file a claim within 180 days of the injury. This deadline is often shorter for cities (45 days for Austin and 90 days for Dallas).

 

Product Liability Lawsuits

Product liability lawsuits must be filed within 15 years of the date when the product was purchased, unless the product expressly warrants that it has a useful product life of more than 15 years, in which case the lawsuit must be filed within the number of years warranted.

 

Reasons for Tolling the Texas Statute of Limitations

  • The injured person is a minor, in which case the statute of limitations is tolled until he or she reaches age 18, except in medical malpractice cases.
  • The defendant declared bankruptcy, putting an automatic stay on other legal proceedings.

Authority
Tex. Civ. Prac. & Rem. Code Ann. § 16.003

 

Utah

 

Personal Injury Lawsuits

Four years from the date of injury

 

Wrongful Death Lawsuits

Two years from the date of death

 

Medical Malpractice Lawsuits

Two years from the date of the medical malpractice or from the date when the cause of action was discovered or should have been discovered. However, no matter how long it takes to discover the cause of action, a medical malpractice lawsuit cannot be filed in Utah after more than four years have passed since the malpractice occurred. An exception to this is if a foreign object was left inside a patient, in which case the victim has one year from the date of discovery or the date when the object should have been discovered to file the lawsuit. Also, if the defendant fraudulently concealed evidence and, as a result, the claimant did not discover the malpractice, the lawsuit must be filed within one year of discovery.

 

Asbestos-Related Injury Lawsuits

Three years from the date when the injury was discovered or should have been discovered

 

Claims Against Government Entities

You must submit a notice of claim to the at-fault government entity within one year of the date when you knew (or should have known) that you had grounds for a claim against the government entity or its employee and you knew the name of the liable government entity or employee.

 

Product Liability Lawsuits

The lawsuit must be filed within two years of the date when the cause of action was discovered or should have been discovered in the exercise of due diligence

 

Reasons for Tolling the Utah Statute of Limitations

  • The injured person was a minor, in which case the statute of limitations does not start running until his or her 18th birthday
  • The defendant fraudulently concealed evidence or misled the plaintiff to prevent legal action
  • Other “exceptional circumstances” that made the application of the SOL irrational or unjust

 

Authority
Utah Code § 78B-2-117
Utah Code § 63G-7
Utah Code § 78B-2-307
Utah Code § 78B-2-304

 

Vermont

 

Personal Injury Lawsuits

Three years from the date of the injury or from the date when the cause of action was discovered or should have been discovered. If the injury claim stems from a skiing or snowboarding accident, the SOL is only one year from the date of the injury.

 

Wrongful Death Lawsuits

Two years from the date of death or from the date when the cause of action should have been discovered through reasonable diligence

 

Medical Malpractice Lawsuits

The claim must be filed within three years of the malpractice or two years of the date when the cause of action should have been discovered. Even if it takes several years to discover the malpractice, the claim cannot be filed if seven years have passed since the malpractice occurred. An exception is if a foreign object is left inside a patient, in which case there is no statute of repose, but the lawsuit must be filed within two years of discovering the object. Also, these statutes of limitations do not apply if the defendant fraudulently concealed evidence of negligence.

 

Claims Against Government Entities

Any action brought against a town due to the insufficiency or disrepair of a culver or bridge must be brought within two years of when the cause of action accrues.

 

Reasons for Tolling the Vermont Statute of Limitations

  • Evidence regarding the cause of action was fraudulently concealed
  • The plaintiff was a minor when the cause of action accrued
  • The plaintiff had a mental condition or psychiatric disability that rendered him or her unable to protect his or her interests when the cause of action accrued
  • The plaintiff was imprisoned at the time the cause of action accrued
  • The plaintiff was out of the state when the cause of action accrued
  • The plaintiff is a member of the armed services and inhabitant of Vermont and had a cause of action against another person at the time of entering active duty
  • The defendant is an active duty member of the armed services

 

Authority
Vt. Stat. Ann. Tit. 12 § 512
Vt. Stat. Ann. Tit. 14 § 1492

 

Virginia

 

Personal Injury Lawsuits

Two years after the injury or after the date when the cause of action was discovered or should have been discovered through reasonable diligence

 

Wrongful Death Lawsuits

Two years after the cause of action accrues

 

Medical Malpractice Lawsuits

In most cases, the statute of limitations for medical malpractice claims in Virginia is two years after the cause of action accrues. If a foreign object was left inside a patient but discovered after the two-year deadline had passed, the victim has one year from the date of discovering the object (or the date it should have been discovered through reasonable diligence) to file the lawsuit. In cases involving fraudulent concealment of evidence or intentional misrepresentation that prevented the discovery of the cause of action within the two-year period, the deadline will be extended to one year from the date of discovery or the date when the cause of action should have been discovered. The statute of limitations may also be extended in “failure to diagnose” cases involving cancer, a malignant tumor, or a spinal, intracranial, or intraspinal schwannoma. Medical malpractice claims must be filed within 10 years of the date the cause of action accrues. There are certain exceptions to this 10-year rule related to incarcerated convicts, injured infants, and plaintiffs who are determined to be incapacitated.

 

Claims Against Government Entities

When your claim is against a county, town, or city in Virginia, you must file a written notice of claim within six months of the date your injury occurred. However, if your claim is against the State of Virginia, you have one year to file the notice of claim. Also, any lawsuit against the State of Virginia must be filed within 18 months of filing the notice of claim and no later than two years after the date of the injury.

 

Reasons for Tolling the Virginia Personal Injury Statute of Limitations

  • The plaintiff is younger than 18, in which case the SOL does not start running until his or her 18th
  • Evidence of negligence was fraudulently concealed.
  • The injured party has a disability that renders him or her incapable of filing the lawsuit.

 

Authority:
Va. St. § 8.01-243

 

Washington

 

Personal Injury Lawsuits

Usually three years from the date of injury, but two years for claims involving intentional torts

 

Wrongful Death Lawsuits

Three years from the date of death

 

Medical Malpractice Lawsuits

Three years after the act or omission or one year after the cause of action should have been discovered through reasonable diligence, whichever is later. However, no medical malpractice claim can be brought more than eight years after the malpractice occurred. Minors have until their 21st birthday to file their claim.

 

Claims Against Government Entities

Before you can sue a government entity in Washington, you must first file a tort claim form. You will then have to wait 60 days while the Washington State Office of Risk Management investigates your claim. After those 60 days, if your claim has not been settled, you can file a lawsuit in court.

 

Reasons for Tolling the Washington Personal Injury Statute of Limitations

  • If the injured party was a minor, the statute of limitations is usually tolled until his or her 18th birthday
  • The injured party was incapacitated and therefore unable to file the lawsuit

 

Authority
RCWA § 4.16.100
RCWA § 4.16.080
RCWA § 4.16.350

 

Washington, D.C.

 

Personal Injury Lawsuits

In most cases, the SOL is three years from the date of injury or from the date when the cause of action should have been discovered through reasonable diligence. However, in cases arising from intentional torts, the statute of limitations is one year from the date of injury.

 

Wrongful Death Lawsuits

Wrongful death lawsuits must be filed within two years of the date of death

 

Medical Malpractice Lawsuits

Medical malpractice lawsuits must be filed within three years of the date when the malpractice occurred or from the date when the cause of action should have been discovered through reasonable diligence.

 

Claims Against Government Entities

A notice letter must be submitted to the District of Columbia Office of Risk Management within six months of the date of injury.

 

Reasons for Tolling the Washington, D.C. Personal Injury Statute of Limitations

  • If the injured person is a minor, the statute of limitations does not start to run until his or her 18th birthday

 


Authority

D.C. Code § 12-301

 

West Virginia

 

Personal Injury Lawsuits

Two years from the date of injury or from the date when the cause of action should have been discovered through reasonable diligence

 

Wrongful Death Lawsuits

Two years from the date when it became known that the decedent had died and the death was caused by neglect, default, or a wrongful act

 

Medical Malpractice Lawsuits

Two years from the date when the malpractice occurred or from the date when the cause of action should have been discovered through reasonable diligence, but no more than 10 years after the malpractice occurred—even with the discovery rule. If the injured person is a child younger than 8, the lawsuit must be filed by his or her 10th birthday. The statute of limitations may be tolled if the healthcare provider misrepresented facts related to the injury or fraudulently concealed evidence.

 

Claims Against Government Entities

Some municipalities in West Virginia have special rules regarding the procedures for suing government entities, but in general, the statutes of limitations for these claims are the same as the statutes of limitations in cases not involving government entities.

 

Reasons for Tolling the West Virginia Personal Injury Statute of Limitations

  • The injured person is a minor, in which case the SOL does not start running until his or her 18th birthday
  • Fraudulent concealment of evidence related to the claim

 

Authority
W. Va. Code § 55-2-12

 

Wisconsin

 

Personal Injury Lawsuits

Personal injury lawsuits arising from negligence must be filed within three years. Injury lawsuits arising from intentional torts must be filed within two years.

 

Wrongful Death Lawsuits

Usually three years from the date of death, but wrongful death claims arising from motor-vehicle collisions must be filed within two years of the death

 

Medical Malpractice Lawsuits

Three years from the date when the cause of action accrued or from the date the cause of action should have been discovered through reasonable diligence. But even with the discovery rule, a medical malpractice claim cannot be filed more than five years after the cause of action accrued.

 

Claims Against Government Entities

The victim must notify the liable entity within 120 days of the incident.

 

Reasons for Tolling the Wisconsin Personal Injury Statute of Limitations

  • If the person entitled to bring the action is younger than 18 when the cause of action accrues, the action may be commenced within two years after his or her 18th birthday, except in cases involving medical malpractice and mental illness.
  • If the person entitled to bring the action is mentally ill at the time the cause of action accrues, the two-year period does not start to run until the disability is removed, but the action must be commenced within five years of the date when the cause of action accrued.

 

Authority
Wis. Stat. § 893.54

 

Wyoming

 

Personal Injury Lawsuits

Must be filed within four years of the injury

 

Wrongful Death Lawsuits

Must be filed within two years of the death

 

Medical Malpractice Lawsuits

Medical malpractice lawsuits must be filed within two years of the malpractice or two years from the date when the cause of action should have been discovered through reasonable diligence. If the injured person is a minor, the lawsuit must be filed within two years of the incident or by the victim’s eighth birthday, whichever is later.

 

Claims Against Government Entities

Claims must be filed within two years of the date when the cause of action accrued or within two years of the date when the cause of action should have been discovered

 

Authority
Wyo. Stat. § 1-3-105
Wyo. Stat. § 1-38-102

 

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