Statute of Limitations
for Personal Injury Cases

What Is the Statute of Limitations?

Every lawsuit has a deadline, and the most important one is the statute of limitations, the maximum amount of time you have to file your injury claim. Missing this deadline may mean losing your rights forever, even in cases where the other party was clearly at fault.

The statute of limitations applies to both criminal and civil cases, and the deadlines for each are often different. In civil lawsuits (non-criminal), the statute of limitations comes into play for these common cases:

Statute of Limitations – Legal Definition

A statute of limitations is the legally defined time period in which a person may sue another party for harm. These deadlines vary by state and by type of case.

Why Do Statutes of Limitations Exist?

Timelines to file lawsuits exist for:

• Ensuring cases move forward while the evidence is fresh
• Protecting defendants from never-ending legal exposure
• Encouraging investigation in a time-sensitive manner
• Promoting fairness in the legal system

Statute of Limitations by State (All 50 States)

Each state sets its own statute of limitations for civil cases. The sections below outline filing deadlines for personal injury, wrongful death, and cases involving government entities so you can understand how timelines differ across the country.

Personal Injury

Click the table below for personal injury filing deadlines in each state.

View Personal Injury Table

Wrongful Death

Click the table below for wrongful death filing deadlines in each state.

View Wrongful Death Table

Government Cases

Government cases often have different deadlines. Click table below.

View Government Table

Personal Injury Statute of Limitations
The General Timeline

The time limit to file a personal injury lawsuit depends on the state, but most fall into the two-to-three-year range. A few states give only one year, while others allow more time for certain types of claims.

Cases involving government vehicles or public employees often have much shorter deadlines, sometimes requiring a claim within just a few months.

Because every state sets its own rules, the safest approach is to check the specific deadline where the injury or harm occurred. Our 50-state chart below gives a fast snapshot of filing windows across the country.

Statute of Limitations for Car Accident Claims

Typical car accident deadlines throughout the US:

• 2–3 years in most states
• 1 year in states like Louisiana or Tennessee
• 4 years (or sometimes more) in states like Nebraska, Wyoming, and Missouri
• 6 months–1 year for government vehicle claims

 

Statute of Limitations for
Truck & Commercial Vehicle Accidents

When a personal injury or wrongful death case involves a semi-truck, private bus, delivery van, garbage truck, or other commercial vehicle, the deadlines often mirror standard personal injury rules, with a two to three-year deadline for filing. 

However, these cases are often far more urgent due to:

• ECM/black box data overwriting in weeks or even days
  
• Logbooks may get destroyed after 6 months
  
• Repair and movement of vehicles may quickly alter evidence
  
• Multiple defendants (driver, fleet operator, broker, shipper) add complexity to these cases
  
• Shorter deadlines also for government-owned trucks
  

See More: Truck Accident Deadlines

Statutes for Slip-and-Fall, Dog Bites,
and Other Injuries

While each state sets its own deadlines, most slip-and-fall, dog bite, and general negligence claims follow the state’s standard personal injury statute of limitations. 

In many places, this means a filing window of two to three years, though several states use shorter one-year periods. 

Claims involving public sidewalks, government buildings, or city workers may require a formal notice of claim within a few months, which makes these cases more time-sensitive. 

Because the rules vary, and some states carve out separate deadlines for premises liability or animal-related injuries, it’s important to confirm the specific timeline for the state where the incident occurred.

Wrongful Death Statute of Limitations
Across the Nation

Wrongful death cases follow deadlines that are similar to, but often distinct from, a state’s general personal injury timeline. In most states, the window to file a wrongful death lawsuit is two years from the date of death. Some states provide slightly longer filing periods, while others apply shorter deadlines or special rules depending on who is bringing the claim.

These cases may also involve unique triggers that don’t apply to ordinary injury claims. For example, the clock usually starts on the date of death, not the date of the injury, and some states tie the deadline to when a personal representative of the estate is appointed. 

Claims involving a government agency or public employee typically require a formal notice of claim within a matter of months, which can significantly shorten the timeline.

Because wrongful death laws vary more widely than standard injury statutes, and because additional rules apply when minors, estates, or multiple heirs are involved, it’s essential to rely on the specific statute in the state where the death occurred. 

Deadlines for Cases Involving
Government Vehicles and Property

When the defendant is a government entity, such as a public road crew, state-owned truck, city bus, or public employee, the filing deadlines can look very different from standard personal injury cases. 

Every state sets its own timeline for how and when you must present a claim, and many require notice of the injury within months, not years. For example, in California, you must file the claim within six months of the injury and generally have another six months after a rejection to sue.

Don’t forget: Because of the wide variation and the shorter windows involved, any crash involving a government vehicle should be treated as an urgent claim.

1-Year Deadline States

In Tennessee, Louisiana, and parts of Kentucky, many personal injury cases, including car, truck, slip-and-fall, and dog bite claims, must be filed within 1 year. Kentucky is mixed: some motor-vehicle cases use a different 2-year rule tied to Personal Injury Protection (PIP) benefits.

What Is the Statute of Limitations in California for Personal Injury? California has some of the clearest (and strictest) rules in the nation.

California’s Statute of Limitations follows these deadlines to file your claim: 

• Personal injury: 2 years
• Car accidents: 2 years
• Truck accidents: 2 years
• Wrongful death: 2 years
• Claims against government agencies: 6 months to file a Government Claim

California Car Accident Lawsuits Deadlines

You generally have two years from the date of a car crash to file a personal injury lawsuit in California. The deadline applies to collisions involving private drivers, rideshare vehicles, or company cars.

Because key evidence, like traffic videos and vehicle data, may disappear quickly, it’s best to start well before the 2-year mark.

California 18-Wheeler &
Commercial Vehicle Case Deadlines

Truck and commercial vehicle cases also follow a 2-year filing deadline in California.

However, truck cases are more urgent because evidence such as electronic logging device (ELD) data, black-box records, and maintenance logs can be lost within weeks. Even though the legal window is 2 years, the practical investigation window is much shorter.

California Wrongful Death Deadlines

For fatal accidents, California sets a two-year deadline from the date of death. This deadline applies to fatal car collisions, truck crashes, pedestrian incidents, and other negligence-based fatalities.

Claims may involve multiple heirs or a personal representative, and damages can be more complex, so early investigation is important.

California Claims Against Government Agencies

If a government vehicle or public employee is involved, the timeline is much shorter in California. A Government Claim must be filed within six months of the injury when the defendant is a:

• Public truck or utility vehicle
• City or county maintenance truck
• Government-owned semi-truck or tractor-trailer
• Public transit or municipal bus

This “claim presentation” is a mandatory first step. If the agency denies the claim, the injured person then has six months from the date of denial to file a lawsuit in court. Missing either step almost always prevents the claim from moving forward, regardless of fault.

Why Truck & Commercial Vehicle Deadlines Matter More

Truck accidents follow the same basic statute of limitations as other personal injury cases in most states, usually 2–3 years, depending on the jurisdiction. But the real urgency in truck cases comes from how quickly essential evidence disappears.

Even though the legal deadline may feel far away, trucking cases need immediate action because:

1. Critical Evidence Disappears Fast

Unlike passenger cars, commercial trucks record massive amounts of data that can be lost or overwritten in days or weeks, including:

• Black box (ECM/ELD) data
  
• Driver logbooks (only have to be kept for 6 months)
  
• Dashcam/forward-facing video (may be deleted in 7–30 days)
  
• GPS and telematics records
  
• Maintenance and inspection logs

Once this information is gone, it cannot be recreated, even if you file within the statute of limitations.

2. Multiple Defendants Mean More Complexity

Truck crashes often involve:

• The driver
  
• The motor carrier
  
• A broker
  
• A shipper
  
• A trailer owner
  
• Maintenance contractors
  
• Product manufacturers
  
• Government entities (if a roadway defect or public truck is involved)
  

Because each party may trigger a different deadline or notice requirement, attorneys must identify every defendant long before the statute expires.

3. Government Vehicles Can Shorten Your Deadline

If the truck is owned or operated by a city, county, or state agency, many states, including California, require a formal claim within just a few months. Missing this step can prevent the entire case, even if you otherwise have a two-year statute of limitations.

4. Interstate Trucking May Have Multiple State Laws in Play

Truck crashes that occur across state lines may involve:

• A different state’s statute of limitations
  
• The shortest applicable deadline that may affect the case
  
• Federal regulations that affect evidence preservation
  
• Disputes about where (jurisdiction) the case must be filed
  

In these cases, the safest assumption is that the shortest potential deadline may apply.

5. The “Practical Deadline” Is Much Earlier Than the Legal Deadline

Even though most states give you years to sue, trucking cases often require evidence preservation letters, expert inspections, and rapid investigation within days or weeks.

The legal statute gives you time to file, but the evidence itself doesn’t wait and may be lost with delays.

Injury Case Studies Where
Deadlines Made the Difference

When Evidence Was Lost and the Deadline Passed

A family injured in a highway crash with a tractor-trailer believed they had plenty of time because their state allowed two years to sue for personal injury. They waited until near the end of that period before talking to a lawyer.

By then, critical trucking evidence was gone:

• The carrier had lawfully destroyed the driver’s records of duty status and supporting documents after six months, as federal rules allow.[1]
• Vehicle electronic logging and GPS data had been overwritten.
• The truck had been repaired and later sold, so it couldn’t be inspected.[2]

Legally, they could still file the lawsuit, but the case was much weaker. With no logs, black-box data, or preserved vehicles, it was far harder to prove fatigue, hours-of-service violations, or mechanical defects. This is a classic example of how waiting near the statute of limitations can affect a truck case, even if you technically file on time.

Government Truck Claim Filed Too Late

In another scenario, a pedestrian was hit by a city-owned garbage truck. They assumed they had the same statute of limitations as any other car accident and didn’t realize that suing a public entity is different.

Under California’s Government Claims Act, for example, most money-damage claims against a public entity (including many injury claims) must first be presented in writing within six months of the incident.[3] If the claim is rejected, the injured person typically gets only six months from the rejection to file a lawsuit.[4]

Because the pedestrian never filed the initial Government Claim within the six-month window, the court dismissed the later lawsuit as untimely. This pattern is so common that many court self-help materials warn that missing the claim deadline can permanently bar your case, even when negligence is clear.[5]

Late Discovery Saved the Claim

A driver involved in a rear-end collision walked away thinking they were just “shaken up.” Months later, persistent headaches and memory problems led to an MRI, which showed a small brain injury linked to the crash. The original two-year statute of limitations was already close.

In many states, including California, the discovery rule can delay the start of the statute of limitations until the injury is discovered, or reasonably should have been discovered, when the harm is not obvious at the time of the accident. [6]

Because the symptoms and diagnosis came later and a reasonable person would not have known about the brain injury earlier, the court allowed the case to proceed using the date of discovery instead of the crash date. This kind of ruling shows how discovery-rule and tolling doctrines can literally save an otherwise late claim, but only in narrow, fact-specific situations.

Disclaimer: The above scenarios describe common examples of how courts treat the statute of limitations and cases. While many of these incorporate our client experiences, these are not specific client stories. 

See Our Track Record: Case Results  

Statue of Limitations By State for Personal Injury

Statue of Limitations By State for Wrongful Death

Statue of Limitations By State for Government Cases