Statute of Limitations by State — 2026 Filing Deadlines

Most states give you 2 years from the date of injury to file a personal injury lawsuit. However, the deadline varies: some states allow only 1 year (Kentucky, Louisiana, Tennessee), while others allow 3 years (Maine, Massachusetts, New Jersey) or more. The clock typically starts on the date of the injury, but the 'discovery rule' can extend it if you didn't know — and reasonably couldn't have known — about the injury when it occurred.

If you file a lawsuit after the statute of limitations expires, the defendant will almost certainly file a motion to dismiss, and the court will grant it. Your claim will be permanently barred — you lose the right to sue, regardless of how strong your case was on the merits. Courts very rarely grant exceptions, and those that do exist (fraudulent concealment, minority status, mental incapacity) are narrow. It is critical to consult an attorney well before any deadline.

No. Medical malpractice claims typically have shorter deadlines than standard personal injury claims and often have special rules. Many states impose a 2-year limit from the date of the negligent act or the date you discovered (or should have discovered) the injury, whichever is later. Some states also impose a statute of repose — an absolute deadline of 4 to 10 years from the act itself, regardless of when you discovered the injury. New York uses 2.5 years; California uses 3 years from injury or 1 year from discovery, whichever is earlier.

Yes, in specific circumstances. Common tolling rules include: the plaintiff was a minor at the time of the injury (the clock starts when they turn 18 in most states); the plaintiff was mentally incapacitated; the defendant fraudulently concealed the claim; the plaintiff was imprisoned; or a class action was pending. Tolling does not indefinitely extend your time — each tolling rule has its own limitations. When in doubt, consult an attorney immediately rather than waiting to see if tolling applies.

Yes, significantly. Contract claims usually have longer deadlines than tort claims — typically 4 to 6 years for written contracts and 3 to 4 years for oral contracts. Some states have distinct time limits for different contract types: UCC sales contracts, consumer debt, and promissory notes may each have their own deadlines. The clock generally starts when the breach occurs — when a payment was due and not made, or when a party failed to perform an obligation.