The statute of limitations sets a certain period within which you must file your lawsuit after being injured, and these time limits vary by state. Missing this window can lead to the loss of your right to seek compensation, no matter how strong your case is.
Being aware of your state’s laws not only helps you take timely action but also ensures that all necessary evidence is preserved while witnesses are available to support your claim. Each state’s unique rules can significantly impact how successfully you’re able to navigate the legal processes involved in pursuing damages due to an auto accident.
Empowering yourself with knowledge about the statute of limitations plays a critical role in protecting your rights and improving the chances of obtaining justice after an unexpected incident on the road.
Rosenfeld Injury Lawyers is here to help you understand the car accident statute of limitations by state and ensure your claim is filed on time.
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What Is the Statute of Limitations?
The statute of limitations is a legal timeframe set by state law during which an individual must file a lawsuit after an event has occurred, such as a car accident. This time limit varies from state to state, typically ranging from one to six years.
After the expiration of the statute of limitations, car accident victims generally lose their right to seek compensation through an insurance claim or file lawsuits related to their injuries.
Car Accident Statute of Limitations by State
If you’ve been involved in a car accident and are considering taking legal action, the statute of limitations depends on where the accident happened. Typically, this timeframe can be as little as one year and goes up to six years following the date of your collision.
Below is a list of each state’s general statute of limitations.
| State | General Deadline | Damage Caps | Code | Discovery Rule | Other Exceptions |
|---|---|---|---|---|---|
| Alabama | 2 years | Punitive damages are capped at 3x the compensatory damages, up to $1.5 million. Claims against small businesses are capped at the lesser of $50,000 or 10% of their net worth. Claims against municipalities are capped at $100,000 per victim and $300,000 per accident. | Ala. Code § 6-2-38 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor or Mentally Insane: An individual who was under the age of 19 or declared mentally insane at the time of injury has two years to file a civil lawsuit once the disability period ends. However, no claims can be filed after twenty years from the date of the accident, no matter what the circumstances are. Defendant Absent: When the defendant is absent from Alabama, the statute of limitations pauses and only resumes once they return to the state. Government Entities: For claims against a municipality, you must file a formal claim within six months from the date of injury to meet legal requirements. |
| Alaska | 2 years | Non-economic damages are capped at the greater of $400,000 or the victim’s remaining life expectancy multiplied by $8,000. Except in cases involving severe permanent physical impairment or severe disfigurement, the cap increases to the greater of $1,000,000 or the victim’s remaining life expectancy multiplied by $25,000. Punitive damages are generally capped at the greater of 3x compensatory damages or $500,000. | Alaska Statutes § 9.10.070 | A claim accrues when the plaintiff has information which is sufficient to alert a reasonable person to begin an inquiry to protect his rights. | Legal Disability: For a person who is legally disabled, such as a minor or someone with mental illness or disability, the statute limitation period starts once the legal disability ends. Party Who Injured You Is Out of State: If the party responsible for your injury leaves Alaska or goes into hiding within the state, the statute of limitations clock pauses during their absence, delaying its start until they return or can be located. |
| Arizona | 2 years | None | Ariz. Rev. Stat. § 12-542 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor or Disability: If a child or someone of unsound mind is injured, the statute of limitations for filing a lawsuit does not begin until the child reaches 18 years of age or the person regains a sound mind. Government Entities: In Arizona, claims against public entities or employees follow different rules: a notice of claim must be filed within 180 days from when the claimant becomes aware of the damage and its cause. Any lawsuits must be initiated within one year after the cause of action accrues. Party Who Injured You Is Out of State: If the party responsible for your injury leaves Alaska or goes into hiding within the state, the statute of limitations clock pauses during their absence, delaying its start until they return or can be located. Fraud or Concealment: The personal injury statute of limitations can be paused if fraud or concealment by the defendant prevents the plaintiff from discovering the cause of action. |
| Arkansas | 3 years | Punitive damages are capped at the greater of $250,000 or three times the compensatory damages awarded, with a maximum of $1,000,000. If the plaintiff proves intentional harm, the cap does not apply. | Arkansas Code Annotated § 16-56-105 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Defendant Unavailable: When the defendant leaves the state or goes into hiding, rendering it impossible for you to start a lawsuit, the statute of limitations stops running for that period. Minor: If a child under 21 is injured, the statute of limitations for filing a lawsuit does not begin until the child reaches 21 years of age. Insane: If the person who is injured is legally insane at the time, the statute of limitations is paused until they are no longer insane. |
| California | 2 years | None | Code of Civil Procedure § 335.1 | The discovery rule allows the statute of limitations to start when the plaintiff has or should have inquiry notice of the cause of action. | Government Entity: For claims against a government entity, you must file an administrative claim within six months of the injury date. If the government denies your claim within 45 days, you have six months from the denial to sue. If there’s no response, you have two years from the incident to file a lawsuit. Minors: For minors under 18, the statute of limitations begins when they reach the age of 18. State Prison: If the claimant is in state prison, the timeline starts after their release. Outside California: If the claimant resides outside the state of California, the timeline may be extended until they return. Insane: If the claimant is legally declared insane, the statute of limitations is suspended until they are deemed sane. |
| Colorado | 3 years | Non-economic damages are capped at $729,790, but with clear and convincing evidence of greater damages, courts may raise the cap to $1,459,600. Punitive damages are capped at the no more than the other total damages awarded in the case. | Colo. Rev. Stat. § 13-80-101 | The discovery rule allows the statute of limitations to start on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence | Minor: The statute of limitations may not start until you turn 18. Disabled/Mentally Ill: Statute of limitations may not begin to run until you are no longer disabled or mentally ill. Government/Public Entities: Must provide written notice within 182 days of sustaining an injury. Fraud/Misrepresentation/Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered by the exercise of reasonable diligence. Outside Colorado: If the claimant resides outside the state of Colorado, the timeline may be extended until they return. |
| Connecticut | 2 years | None | Connecticut General. Statute § 52-584 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Government/Public Entities: Requires plaintiff to provide notice of 90 days if your injury was caused by a defective highway or sidewalk, or 180 days if it was caused by a municipal employee. Fraud/Misrepresentation/Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered by the exercise of reasonable diligence. Outside Connecticut: If the claimant resides outside the state of Connecticut, the timeline may be extended until they return. |
| Delaware | 2 years | None | Del. Code tit. 10 § 8119 | The statute of limitations is tolled when the injury is inherently unknowable and the claimant is blamelessly ignorant of the wrongful act and the injury complained of. If the rule is applicable, the statute of limitations will begin to run upon the discovery of facts constituting the basis of the cause of action or the existence of facts sufficient to put a person of ordinary intelligence and prudence on inquiry which, if pursued, would lead to the discovery of such facts. | Minor: The statute of limitations is 3 years from turning 18. Government/Public Entities: Must provide written notice within 1 year of sustaining an injury. Outside Delaware: If the claimant resides outside the state of Delaware, the time they are out of the state does not count. |
| Florida | 2 years (cases on or before 3/24/23); 4 years for all cases after 3/24/23 | Punitive damages are capped at 3 times the value of the compensatory damages (both economic and noneconomic) awarded to each claimant or $500,000. | Fla. Stat. § 95.11 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor/Incapacitated/Mentally Incompetent: The statute of limitations is 7 years from the injury. Government/Public Entities: Must provide written notice within 6 months year of sustaining an injury. Defendant Flees Jurisdiction: If the claimant flees the jurisdiction, the time they are out of the state does not count. Concealment: Statute of limitations doesn’t begin to run until the concealment is discovered or should have been discovered by the exercise of reasonable diligence. |
| Georgia | 2 years | Punitive damages capped at $250,000, but this cap is removed if the defendant was intoxicated or intended to cause harm. | Ga. Code § 9-3-33 | The discovery rule allows the statute of limitations to start when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, both that he has been injured and that the defendant may have caused his injury | Minor/Mentally Incapacitated: The statute of limitations is 2 years from turning 18. Government/Public Entities: Must provide written notice within 6 to 12 months of the injury, depending on the specifics of the claim. Outside Georgia: If the claimant resides outside the state of Delaware, the time they are out of the state does not count. Concealment: Statute of limitations doesn’t begin to run until the concealment is discovered or should have been discovered by the exercise of reasonable diligence. |
| Hawaii | 2 years | Pain and suffering damages capped at $375,000 in most personal injury cases. The cap doesn’t apply in some situations – like cases involving multiple defendants. | Hawaii Revised Statute § 657.7 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor/Mental Incapacity: The statute if limitations is tolled until they turn 18 or are no longer mentally incapacitated. Imprisonment: If a prisoner serving a term of less than life is injured, the limitation clock runs from the date they’re released from prison. Government Entity: Must provide notice within 6 months of the injury. Fraudulent Concealment: If the defendant intentionally conceals or misrepresents information, the statute of limitations can be extended. |
| Idaho | 2 years | Non-economic damages capped at $250,000, but adjusts annually for inflation and average annual wages, amounting to $458,728.65 as of 2023. | Idaho Code § 5-219.4 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is tolled until the minor turns 18 or until 6 years after the injury, whichever occurs sooner. Defendant Leaves the State: Statute of limitations is tolled until 6 years from the date of the injury or from the date the defendant returns to the state, whichever is earlier. Government Entity: Must file a claim with the Secretary of State before filing a lawsuit, which has to be done within 6 months of the injury. Fraudulent Concealment: If defendant fraudulently and knowingly concealed the wrongful act, the statute of limitations is tolled until the victim discovers the injury or should have discovered. Imprisoned/Mentally Incapacitated: Statute of limitations may be tolled in these cases. |
| Illinois | 2 years | None | 735 ILCS 5/13-202 | A claim accrues when the plaintiff discovers, or in the exercise of ordinary diligence could have discovered, that his injury was caused by the tortious act of another | Minor: Statute of limitations is tolled until they reach 18. Government Entity: Must provide written notice of a claim within 1 year of the injury. Mentally Handicapped: Statute of limitations starts when the disability is no longer an impairment. Defendant Leaves the State: The time where the defendant is out of the state does not count toward the statute of limitations. Fraudulent Concealment: If the defendant fraudulently conceals the cause of action, the plaintiff has until 5 years from the date they discover the cause of action. |
| Indiana | 2 years | Punitive damages are capped at either 3 times the amount of compensatory damages awarded or $50,000, whichever is higher | Ind. Code § 34-11-2-4 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Disability: The statute of limitations is tolled until the disability is removed. Minors: The clock doesn’t start running until the injured minor turns 18. Concealment: f a person responsible for an incident attempts to conceal their liability, the statute of limitations will likely not start until the concealment ends and the underlying facts are discovered. Government Entity: Legal claims against a political subdivision must be filed within 180 days after the event, while claims against the state require filing with the attorney general or relevant state agency within 270 days. Nonresidence: If the responsible party leaves the state of Indiana and becomes a “nonresident,” the statute of limitations wil be tolled pasued this time. |
| Iowa | 2 years | None | Iowa Code § 614.1 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Defendant Leaves Iowa or Cannot Be Identified: The statute of limitations stops running if the defendant moves out of Iowa or remains unidentified despite diligent efforts to locate them. Minor: The statute of limitations is one year from their 18th birthday. Disability: If the injured person is disabled, they will have 1 year from the date that their disability is removed. Claims Against Iowa Municipalities: Claims against Iowa municipalities must generally be filed within two years from the date of the injury. |
| Kansas | 2 years | Punitive damages are capped at the lesser of the defendant’s highest annual gross income over the past 5 years (unless that is deemed not adequate, then up to 50% of their net worth, or $5,000,000. | Kan. Stat. § 60-513 | The discovery rule allows the statute of limitations to start at the time a negligent act causes injury if both the act and the resulting injury are reasonably ascertainable by the injured person. | Minors: Injured minors have 1 year from the date of their 18th birthday. Disability: One year from the date the disability is removed. Imprisonment: If defendant is in prison for less than a life sentence, they can file a claim within 1 year of being released unless they have access to court for purposes of bringing an action. In that case, they are not considered disabled and the statute of limitations will be standard. Defendant Leave State or Hides: If you’re unable to serve the defendant because they’re out of the state or in hiding, this time does not count toward the statute of limitations. Government: You must provide notice and then you can sue, generally within |
| Kentucky | 2 years | None | Ky. Rev. Stat. § 304.39-230 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Mental or Physical Incapacity: If a victim is incapacitated due to mental or physical reasons, the statute of limitations does not begin until the incapacity ends. Minor: Injured minors have one year from their 18th birthday. Defendant’s Absence: If the defendant has left the state or is hiding, making service of legal papers impossible, the statute of limitations is tolled until the defendant can be located and served. Government: For some claims against the government, you must provide notice to sue within 90 days of the accident. |
| Louisiana | 1 year | Punitive damages cannot exceed either 3 times the compensatory damages or $500,000, whichever amount is greater. | La. Civ. Code art. 3492 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minors: Injured minors have 1 year from their 18th birthday. Disability: Statute of limitations is 1 year from when the disability is removed. Crime of Violence: If your injury is from a crime of violence, you have two years to file your claim. Fraudulent Concealment: If the defendant intentionally concealed their wrongdoing, the statute of limitations may be extended. |
| Maine | 6 years | None | Me. Stat. tit. 14 § 752 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations doesn’t start to run until 18th birthday. Fraudulent Concealment: 6 years from when you discovery the fraud and your cause of action. Disabled: Statute of limitations doesn’t run until the disability is removed. Government: Must file within 2 years of the injury, and must provide notice within 1 year. |
| Maryland | 3 years | Non-economic damages are capped at $935,000 | Md. Code, Cts. & Jud. Proc. § 5-101 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations doesn’t begin until they turn 18. Disability: Statute of limitations is 3 years from when the disability is removed. Defendant Leaves State: The statute of limitations is tolled while they’re out of the state. Government: you must file a claim with the state treasurer within one year of a personal injury caused by a state agency or employee, and if this claim is denied or unanswered after 6 months, you are then eligible to file a lawsuit within 3 years from the date of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations begins when the injured party discovers, or reasonably should have discovered, the fraud. |
| Massachusetts | 3 years | Non-economic damages are capped at $500,000 but can be exceeded if a jury finds significant permanent impairment or disfigurement, or other special circumstances that make the cap unjust for the plaintiff’s compensation. | Mass. Gen. Laws ch. 260 § 2A | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations doesn’t begin until they turn 18. Disability: Statute of limitations begins to run when the disability is removed. Defendant Leaves State: The statute of limitations is tolled while they’re out of the state. Government: Usually 2 years, and there are separate notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations begins when the injured party discovers, or reasonably should have discovered, the fraud. |
| Michigan | 3 years | None | Mich. Comp. Laws § 600.5805 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is 1 year from when they turn 18. Disability: Statute of limitations is 1 year from the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 or 3 years, depending on the specifics of the claim, and there are separate notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is 2 years from the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Minnesota | 6 years | None | Minn. Stat. § 541.05 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is 1 year from when they turn 18. Disability: Statute of limitations is 1 year from the date the disability is removed, but the deadline will never be extended for more than 5 years, even if the injured party doesn’t recover. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 180 days of the incident and usually 2 years to file a lawsuit. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Mississippi | 3 years | Non-economic damages are capped at $1 million, punitive damages are generally capped based on the defendant’s net worth. | Miss. Code § 15-1-49 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 90 days of the incident. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Missouri | 5 years | None | Miss. Code § 15-1-49 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 21: Statute of limitations is paused until injured party turns 21. Disability: Statute of limitations paused until the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 90 days of the incident. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Montana | 3 years | Punitive damages are capped at $10 million or 3% of a defendant’s net worth, whichever is less. | Mont. Code § 27-2-204 | The period of limitations does not begin to run until the injured party has discovered, or in the exercise of due diligence should have discovered, both the injury and its cause. | Minor: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed, but the deadline will never be extended for more than 5 years, even if the injured party doesn’t recover. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: A complaint must be submitted in writing to the Department of Administration, which has 120 days to either grant or deny the claim. Once they recive notice, the statute of limitations is paused for 120 days. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Nebraska | 4 years | None | Neb. Rev. Stat. §§ 25-207 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 21: Statute of limitations is paused until injured party turns 21. Disability: Statute of limitations paused until the date the disability is removed. Prison: The statute of limitations is paused while the injured party is in prison. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Nevada | 2 years | Punitive damages are capped at $300,000 if compensatory damages are less than $100,000, but if compensatory damages are $100,000 or more, the cap increases to three times the amount of compensatory damages. | Nev. Rev. Stat. § 11.190 | The statutory period of limitations is tolled until the injured party discovers, or reasonably should have discovered, facts supporting a cause of action | Under 18: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed. State Custody Other Than Prison: If the person is in state custody and was placed when they were less than 18, the statute of limitations is tolled (this does not apply when the victim is in prison). Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| New Hampshire | 3 years | None | N.H. Rev. Stat. § 508:4 | The discovery rule allows the statute of limitations to start when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of. | Under 18: Statute of limitations is 2 years from when the injured party turns 18. Disability: Statute of limitations is 2 years from when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 3 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| New Jersey | 2 years | In most cases, punitive damages are capped at the greater of five times the compensatory damages or $350,000. | N.J. Stat. § 2A:14-2 | The discovery rule allows the statute of limitations to start when the injured party discovers, or by an exercise of reasonable diligence and intelligence should have discovered that he may have a basis for an actionable claim. | Under 18: Statute of limitations begins when the injured party turns 18. Disability: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| New Mexico | 3 years | None | N.M. Stat. § 37-1-8 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Injured plaintiff has until the later of 1 year after they turn 18 or 3 years after they are injured to file the claim. Disability: 1 year from the date their disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| New York | 3 years | None | N.Y. C.P.L.R. § 214 | The discovery rule allows the statute of limitations to start on the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier | Under 18: Statute of limitations begins when the injured party turns 18. Disability: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| North Carolina | 3 years | Punitive damages are capped at the greater of 3 times the compensatory damages or $250,000. | N.C. Gen. Stat. § 1-52 | The discovery rule allows the statute of limitations to start when it becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs | Under 18: Statute of limitations begins when the injured party turns 18. Insane/Incompetent: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| North Dakota | 6 years | None | N.D. Cent. Code § 28-01-16 | The action does not accrue and the limitations period does not begin to run until the claimant knows, or with reasonable diligence should know, that a potential claim exists | Under 18: 1 year from when the victim turns 18. Insane/Prison: Statute of limitations is 1 year from when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Ohio | 2 years | Non-economic damages are capped at $250,000 or 3 times the economic damages, up to $350,000 per plaintiff and $500,000 per accident, except in cases of catastrophic injuries like severe physical deformities or injuries preventing self-care, where no cap applies. Punitive damages are capped at 2 times the amount of the compensatory damages. If the defendant is a small business over, punitive damages are capped at10% of the defendant’s net worth, up to a maximum of $350,000. | Ohio Rev. Code § 2305.10 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Statute of limitations begins when the injured party turns 18. Incompetent: Statute of limitations begins when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years with additional notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Oklahoma | 2 years | Punitive damages are categorized into three levels: Category I caps at the greater of $100,000 or actual damages for reckless disregard; Category II at the greater of $500,000, twice the actual damages, or the financial benefit derived for intentional and malicious acts; and Category III, involving conduct that is life-threatening to humans, has no cap. | Okla. Stat. tit. 12 § 95 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: 1 year from when the injured party turns 18. Disability: Statute of limitations is 1 year from when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 1 year from the date of injury. If claim is denied, you have 180 days to sue. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Oregon | 2 years | None | ORS § 12.110 | The discovery rule allows the statute of limitations to start when the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant. | Under 18: 1 year from when the injured party turns 18. Disability: Statute of limitations is 1 year from when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Pennsylvania | 2 years | Punitive damages are capped at 200% of the compensatory damages awarded | 42 Pa. C.S. § 5524 | Under the discovery rule, the statute of limitations doesn’t run until the plaintiff knows or reasonably should know that he has been injured and that his injury has been caused by another party’s conduct | Under 18: Statute of limitations begins when the injured party turns 18. Incompetent: Statute of limitations begins when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file written notice within 6 months. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Rhode Island | 3 years | None | R.I. Gen. Laws § 9-1-14 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim by the time they turn 21. Disability/Mental Incompetence: Statute of limitations is 3 years from the removal of the disability. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Written notice must be provided within 60 days of injury for claims against a town for injuries on highway/causeway/bridge. Other claims against the state must be filed within 3 years with no other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| South Carolina | 3 years | Punitive damages are capped at the greater of 3 times the compensatory damages awarded to each claimant or $500,000. | S.C. Code § 15-3-530 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim within 1 year of turning 18. Insane: Statute of limitations is the earlier of 5 years from the date of injury (or discovery of the injury), or 1 year from the date they were declared sane. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Statute of limitations is 2 years from the date of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| South Dakota | 3 years | None | S.D. Codified Laws § 15-2-14 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim within 1 year of turning 18. Mentally ill: Statute of limitations is 5 years from the date they were declared not disabled. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must give written notice of your claim within 180 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Tennessee | 1 year | In most cases, non-economic damages are capped at $750,000, but this cap increases to $1,000,000 for catastrophic injuries; punitive damages are limited to the greater of 2 times compensatory damages or $500,000. | Tenn. Code § 28-3-104 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Incompetent: Statute of limitations begins when the injured person is declared competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Texas | 2 years | Punitive damages are capped at the greater of 2x economic damages plus non-economic damages found by the jury (not to exceed $750,000) or, $200,000 | Tex. Civ. Prac. & Rem. Code § 16.003 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Unsound Mind: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Claim must be filed within 6 months of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Utah | 4 years | None | Utah Code § 78B-2-307 | The discovery rule allows the statute of limitations to start when both the harm and its cause is discovered, or in the exercise of due diligence should have discovered. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Claim must be filed within 1 year of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Vermont | 3 years | None | Vt. Stat. tit. 12 § 512 | The limitations clock does not begin running until the plaintiff knows or should know of the injury and its cause | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Imprisoned: If the injured party is imprisoned, the statute if limitations is tolled during this time. Active Duty Military: If either party is active duty in the US military, the statute of limitations is tolled during this time. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Virginia | 2 years | Punitive damages are capped at $350,000 | Va. Code § 8.01-243 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Obstruction by Defendant: The statute of limitations may be tolled while the defendant obstructs your ability to file a lawsuit. Government: 6 months to file a written notice of claim. |
| Washington | 3 years | None | Wash. Rev. Code § 4.16.080 | The discovery rule allows the statute of limitations to start from the time the claimant discovered or in the exercise of due diligence should have discovered the harm and its cause | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Imprisoned: If a defendant is imprisoned prior to sentence in a criminal case, the statute of limitations is tolled during this time. Government: Before you can sue the State of Washington, you first must file your claim with the Washington Department of Enterprise Services. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Washington, D.C. | 3 years | None | D.C. Code § 12-301 | The statute of limitations doesn’t run until the plaintiff has knowledge, or by the exercise of reasonable diligence should have knowledge, of the existence of his injury, the injury’s cause in fact, and some evidence of wrongdoing. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incapacitated: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Imprisoned: Statute of limitations is tolled while injured party is imprisoned. Government: Must file a notice of claim within 6 months of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| West Virginia | 2 years | The cap for punitive damages is set at 4 times the amount of compensatory damages awarded or $500,000, whichever is greater. | W. Va. Code § 55-2-12 | A claim accrues when the plaintiff knows, or by the exercise of reasonable diligence should have known, of the elements of her possible cause of action | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file a notice of claim within 30 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Wisconsin | 3 years | Punitive damages are capped at the greater of twice the compensatory damages or $200,000, except this cap does not apply in cases involving drunk driving. | Wis. Stat. § 893.54 | The statute of limitations begins to run when the potential plaintiff discovers the injury, or in the exercise of due diligence should have discovered the injury. | Under 18: 2 years from when the injured party turns 18. Mentally Ill: 2 years from when disability ends but can never file past 5 years. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Prison: Statute of limitations is tolled while injured party is in prison, but claim can never be filed past 5 years. Government: Must file a notice of claim within 120 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
| Wyoming | 4 years | None | Wyo. Stat. § 1-3-105 | The statute of limitations begins to run when the potential plaintiff knows or reasonably ought to know that some damage has resulted from the wrongful act. | Under 18: The statute of limitations is the longer of 3 years from when the injured party turns 18 and the standard statute of limitations. Mentally Ill: The statute of limitations is the longer of 3 years from when the injured party is no longer disabled or the standard statute of limitations. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file a notice of claim within 2 years of the injury. |
While the list above provides the typical statute of limitations for each state, there are some exceptions that can shorten or extend this deadline. Always discuss your personal injury claim with an experienced attorney.
Possible Exceptions to Statutes of Limitations
Just as each state sets its own statute of limitations for car accident claims, the possible exceptions to these limits also vary depending on the jurisdiction. Some of the most common exceptions are listed below.
Exceptions for Minors and Incapacitated Individuals
The law recognizes that minors and individuals who are mentally incapacitated may not be able to advocate for their rights immediately after the incident occurs. To account for this, many states have specific rules in place to deal with this.
If you’re a minor involved in a car accident, most states will pause the clock until you reach the age of majority, usually 18 years of age. This means that once you become a legal adult, only then does your state’s standard statute of limitations start counting down.
For example, in a state with a two-year statute of limitations, the victim would be allowed to file the claim until they are 20 years old.
Similarly, if at the time of your accident you were mentally incapacitated and couldn’t take legal action in response, many jurisdictions hold off on starting the clock until capacity is regained.
Tolling Provisions and Delayed Discovery
Many states have other situations where the statute of limitations is paused.
For example, if the defendant left the state after causing a car accident, the clock is usually paused while they are gone. Because their absence could prevent a lawsuit from being filed promptly, many states will not include that time as part of the countdown.
A similar situation happens in instances of fraud. For instance, an individual involved in causing an accident falsifies information or attempts to hide their identity. In these situations, the clock would also be paused.
Discovery Rule
The discovery rule is one of the most common exceptions to the standard statute of limitations. In some states, the statute of limitations doesn’t begin until the injured party discovers or reasonably should have discovered their injury.
For instance, in a car accident case where an individual suffers a concussion but does not experience symptoms until several weeks later, the discovery rule allows them to file a lawsuit within the time frame starting from when they first realized their condition was related to the accident rather than from the date of impact.
This extension recognizes that it wouldn’t be fair to expect someone to take legal action for an injury and damages they were unaware of. Still, it’s always best to act as quickly as possible instead of relying on any exceptions to the time limit to file a lawsuit.
The Effects of the Car Accident Statute of Limitations
Missing the statute of limitations can have serious repercussions for injured parties. If no lawsuit is filed by the statute of limitations, car accident victims may have any future claims related to the incident dismissed.
This means that individuals would lose their opportunity to pursue compensation for medical costs, lost wages, emotional distress, and pain and suffering. Understanding the statute of limitations associated with civil claims is fundamental for anyone looking to hold the responsible party accountable for their actions.
How the Statute of Limitations Affects Insurance Company Negotiations in Car Accident Cases
The statute of limitations can also impact negotiations with insurance companies. As the deadline approaches, the insurance company may recognize the urgency and be more inclined to negotiate a settlement instead of dealing with a lawsuit.
Knowing that the victim has a limited time to take legal action often motivates insurance adjusters to extend a fair offer sooner rather than later.
On the other hand, it can sometimes work against the victim if the statute of limitations is approaching. Insurance companies may deliberately delay negotiations or use stall tactics to force the victim to make a rushed decision before the time limit.
Rosenfeld Injury Lawyers can help you determine the statute of limitations for your car accident lawsuit and negotiate on your behalf.
The Civil Lawsuit Process Following Car Accidents
Navigating the civil litigation process after car accidents can feel overwhelming, but understanding the steps involved can make the journey more manageable. After a car accident, victims often seek to recover compensation for their medical bills, property damage, and other related costs.
This typically involves filing a car accident lawsuit against the at-fault driver or, in some cases, government entities if a government employee is involved. Below is an overview of the process.
Filing a Complaint
The first step in the civil litigation process is filing a legal claim, specifically a complaint. This document outlines the details of the car accident claim, including the individuals involved (like who the negligent driver was), what happened, where the incident occured, and why the defendant should be held responsible.
The complaint must be filed within the state’s statute of limitations, and failing to file a lawsuit in a timely manner can jeopardize the ability to recover compensation. This makes it essential to consult with experienced legal counsel who understands personal injury lawsuits and other personal injury claims.
Discovery Phase
Once the complaint is filed, the discovery phase begins. During this time, both parties exchange information and evidence that could affect the outcome of the case, such as police reports and witness statements. Depositions and interrogatories generally occur also.
This phase can be lengthy and requires patience as both sides gather the necessary evidence.
During this stage, the defendant may also attempt to negotiate a settlement with the plaintiff. If no agreement can be reached, the case moves forward.
Trial or Alternative Dispute Resolution (ADR)
If negotiations for a car accident settlement don’t reach an agreement, the case may proceed to trial or alternative dispute resolution, like mediation or arbitration.
Trials involve presenting the case in front of a judge or jury, while ADR methods provide a structured way to resolve disputes without going to court.
Mediation is a voluntary process where a neutral third party facilitates conversations and negotiations between disputing parties to help them reach a mutually acceptable resolution.
Arbitration involves an impartial arbitrator who listens to both sides and makes binding decisions on the dispute, often serving as an alternative to court proceedings.
Consulting a Car Accident Lawyer
Navigating a car accident claim can be overwhelming, especially when dealing with various time limits as well as injuries. An experienced attorney from Rosenfeld Injury Lawyers can provide the legal representation you need to ensure your rights are preserved, and your pursuit of recovery is effective.
Below is how we can help clients with car accident claims.
Understanding the Statute of Limitations
Each state has a specific limitations statute governing the time frame within which you must file a lawsuit. This is particularly important when the incident involves a government entity or employee, as the deadlines and procedures are sometimes drastically different.
Understanding Other State Laws
A car accident injury lawyer understands other complicated state laws that can significantly impact the outcome of your case. For instance, dram shop laws may hold establishments accountable for serving alcohol to an intoxicated patron who subsequently causes a car accident.
Additionally, understanding whether you reside in an at-fault state or a no-fault state dictates how insurance claims are processed and what compensation you might be entitled to. An experienced personal injury lawyer also understands wrongful death laws in the tragic event that you have to file car accident cases related to losing a loved one.
Negotiation with Insurance Companies
Negotiating a fair accident settlement often involves dealing with insurance companies that may not always prioritize your best interests. Our team understands the tactics insurers might use and can negotiate on your behalf to ensure that you receive a settlement that reflects the true cost of your injuries and suffering, including medical expenses, pain and suffering, emotional distress, and property damage.
Representing You in Court
If negotiations don’t lead to results you’re happy with, our team will be prepared to represent you in court. We bring a wealth of experience to your car crash case and will explain the facts and advocate for you.
Free Case Evaluation
We offer a free consultation to discuss the specifics of your situation, including any serious injuries sustained and the financial situation you are facing. This initial meeting allows us to assess the best strategy for your personal injury lawsuit and establish a timeline for moving forward.
With many factors at play in a car accident lawsuit, having a knowledgeable lawyer can make a significant difference in the outcome.
Your Next Steps
If you’ve been involved in a car accident, it’s important to file a tort claim before the statute of limitations expires to protect your rights and pursue the compensation you deserve. Rosenfeld Injury Lawyers is committed to understanding your needs and ensuring that your concerns are addressed.
Call us at (888) 424-5757 or complete our online contact form.
