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Deadlines · Updated

Your state’s deadline to file an injury lawsuit

If you miss your state’s deadline, you can lose the right to be paid at all. Pick your state to see its usual deadline, the common exceptions and its fault rule. Where we haven’t checked a deadline against the official text yet, we say so. This is general information, not legal advice.

Pick your state

The usual deadline for most injury lawsuits, and how shared fault is counted. “Not checked yet” means we haven’t checked it against the official text, so ask a lawyer. Some cases have shorter deadlines, so open your state’s page for the exceptions, each with its source.

Deadline to file an injury lawsuit, and the fault rule, in each state
StateUsual deadline to fileIf you were partly at fault
AlabamaNot checked yetContributory (any fault bars)
AlaskaNot checked yetNot checked yet
Arizona2 yearsPure comparative
ArkansasNot checked yetBarred at 50%
CaliforniaNot checked yetNot checked yet
Colorado2 yearsBarred at 50%
ConnecticutNot checked yetBarred above 50%
DelawareNot checked yetBarred above 50%
District of ColumbiaNot checked yetContributory (any fault bars)
Florida2 years51% bar
GeorgiaNot checked yet50% bar
HawaiiNot checked yet51% bar
IdahoNot checked yet50% bar
IllinoisNot checked yet51% bar
IndianaNot checked yet51% bar
IowaNot checked yet51% bar
KansasNot checked yet50% bar
Kentucky1 yearPure comparative (pre-2026)
LouisianaNot checked yet51% bar (from Jan. 1, 2026)
MaineNot checked yetEqual-fault bar (50%)
MarylandNot checked yetContributory
MassachusettsNot checked yet51% bar
Michigan3 years (2 for medical mistakes)Modified: no noneconomic if plaintiff's fault exceeds others' combined
Minnesota6 years (4 for medical mistakes; 3 for a death)51% bar (vs. each defendant)
MississippiNot checked yetNot checked yet
Missouri5 years (2 for medical mistakes; 3 for a death)Not checked yet
Montana3 years51% bar
Nebraska4 years (2 for a death)50% bar
Nevada2 years51% bar
New HampshireNot checked yetBarred above 50%
New Jersey2 years51% bar
New MexicoNot checked yetNot checked yet
New York3 years (2 years 6 months for medical mistakes; 2 for a death)Pure comparative
North Carolina3 years (2 for a death)Contributory negligence
North Dakota6 years (2 for medical mistakes; 2 for a death)Barred at 50%
Ohio2 years (1 for medical mistakes)Barred above 50%
Oklahoma2 yearsBarred above 50%
Oregon2 years (3 for a death)Barred above 50%
Pennsylvania2 yearsBarred above 50%
Rhode Island3 yearsPure comparative
South Carolina3 yearsBarred above 50%
South Dakota3 years (2 for medical mistakes)Slight/gross comparative negligence
TennesseeNot checked yetNot checked yet
Texas2 yearsBarred above 50%
UtahNot checked yetModified 50% bar
Vermont3 years (2 for a death)Modified 51% bar
Virginia2 yearsNot checked yet
Washington3 yearsPure comparative fault
West Virginia2 yearsModified 51% bar
WisconsinNot checked yetNot checked yet
Wyoming4 years (2 for medical mistakes; 2 for a death)Modified 51% bar

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