Maryland Personal Injury Lawyers
Every state has a statute of limitations: a drop-dead date for bringing personal injury claims. Below is a list of each state’s deadlines.
Huge caveats in using this information. Check the statute (there is a link) to make sure the law has not changed (or that we got it right in the first place). Second, remember that exceptions can shorten or extend the statute of limitations. Literally one-third of legal malpractice cases stem from exceeding limitations. Fact: 83.6% of those attorneys thought they could figure out the statute of limitations with a quick Google search. (Okay, not really.) The point is, in a minority of cases, you have to peel the onion beyond just looking at the default personal injury statute of limitations.
Speaking of malpractice, many states, such as Arkansas and North Dakota, have different statutes of limitations for medical malpractice. There are also different statutes for wrongful death and governmental entities in some jurisdictions.
Indeed, the biggest landmines in personal injury claims are SOL against governmental entities and claims where you are not sure which state’s statute of limitations applies to the claim. Many claims against government entities must be filed within 90–180 days.
Missing this notice requirement can destroy an otherwise valid claim.
On the latter, watch out for states with a borrowing statute. It might say the state has a SOL of 4 years, but if the accident happened in a three-year state, that claim might not fly after year 3.
Enough caveats. You get the point. Here is the list:
| Alabama | 2 years | Ala. Code Sec. 6-2-38 |
| Alaska | 2 years | Alaska Stat. Sec. 9.10.070 |
| Arizona | 2 years | Ariz. Rev. Stat. Sec. 12-542 |
| Arkansas | 3 years | Ark. Stat. Sec. 16-114-203 |
| California | 2 years | Cal. Code of Civ. Proc. Sec. 335.1 |
| Colorado | 2 years | Colo. Rev. Stat. Sec. 13-80-102 |
| Connecticut | 2 years | Conn. Gen. State. Sec. 52-584 |
| Delaware | 2 years | Del. Code Ann. Title 10, Sec. 8119 |
| District of Columbia (D.C.) | 3 years | D.C. Code Ann. Sec. 12-301 |
| Florida | 2 years | Fla. Stat. Ann. Sec. 95.11 |
| Georgia | 2 years | Ga. Code Ann. Sec. 9-3-33 |
| Hawaii | 2 years | Haw. Rev. Stat. Sec. 657.7 |
| Idaho | 2 years | Idaho Code Sec. 5-219 |
| Illinois | 2 years | Ill. Ann. State. Ch. 735, Art. 8, Sec. 13-202 |
| Indiana | 2 years | Ind. Code Ann. Sec. 34-11-2-4 |
| Iowa | 2 years | Iowa Code Ann. Sec. 614.1 |
| Kansas | 2 years | Kan. Stat. Ann. Sec. 60-513 |
| Kentucky | 1 year | Ky. Rev. Stat. Sec. 413.140 |
| Louisiana | 1 year | La. Civ. Code Ann. Art. 3492 |
| Maine | 6 years | Maine Rev. Stat. Ann. Title 14, Ch. 205, Sec. 752 |
| Maryland | 3 years | Md. Ann. Code Sec. 5-101 |
| Massachusetts | 3 years | Mass. Gen. Laws, Art. 260, Secs. 2A, 4 |
| Michigan | 3 years | Mich. Comp Laws Sec. 600.5805(9) |
| Minnesota | 2 years | Minn Stat Ann. Sec 541-05 – 541-07 |
| Mississippi | 3 years | Miss. Code Ann. Sec. 15-1-49 |
| Missouri | 5 years | Missouri Ann. Stat. Title 35, Sec. 516.120 |
| Montana | 3 years | Mont. Code Ann. Sec. 27-2-204, 27-2-207 |
| Nebraska | 4 years | Neb. Rev. Stat. Sec. 25-207 |
| Nevada | 2 years | Nev. Rev. Stat. Sect. 11.190 |
| New Hampshire | 3 years | N.H. Rev. State. Sec. 508.4 |
| New Jersey | 2 years | N.J. Stat. Ann. Sec. 2A:14-2 |
| New Mexico | 3 years | N.M. Stat. Ann. Sec. 37-1-8 |
| New York | 3 years | N.Y. Civ. Prac. R. Sec. 214 |
| North Carolina | 3 years | N.C. Gen. Stat. Sec. 1-52 |
| North Dakota | 6 years (wrongful death is two years) | N.D. Cent. Code § 28-01-16 |
| Ohio | 2 years | Ohio Rev. Code Sec. 2305.10 |
| Oklahoma | 2 years | Okla. Stat. Ann. Title 12, Sec. 95 |
| Oregon | 2 years | Ore. Rev. Stat. Sec. 12.110 |
| Pennsylvania | 2 years | 42 Pa. Con. Stat. Sec. 5524 |
| Rhode Island | 3 years | R.I. Gen. Laws Sec. 9-1-14 |
| South Carolina | 3 years | S.C. Code Ann. Sec. 15-3-530 |
| South Dakota | 3 years | S.D. Comp. Laws Ann. Sec. 15-2-14 |
| Tennessee | 1 year | Tenn. Code Ann. Sec. 28-3-104 |
| Texas | 2 years | Tex. Civ. Prac.&Rem. Code Sec. 16.003 |
| Utah | 4 years | Utah Code Ann. Sec. 78-12-28 |
| Vermont | 3 years | Vt. Stat. Ann. Title 12, Sec. 512 |
| Virginia | 2 years | Va. Code Sec. 8.01-243 |
| Washington | 3 years | Wa. Rev. Code Ann. Sec. 4.16.080 |
| Washington, D.C. | 3 years | D.C. Code Ann. Sec. 12-301 |
| West Virginia | 2 years | W. Va. Code Sec. 55-2-12 |
| Wisconsin | 3 years | Wisc. Stat. Ann. Sec. 893.54 |
| Wyoming | 4 years | Wy. Stat. Ann. Sec. 1-3-105 |
A Warning to Lawyers About Statutes of Limitations
Statutes of limitations look simple. They are not.
Most lawyers think they can glance at the statute, count the years from the date of the accident, and move on. That works most of the time. But the cases that cause problems are the ones where the rule is not so obvious. The accident happened in one state, but the lawsuit is filed in another. A government entity is involved. The injury was discovered months later. A minor is involved. Suddenly, the deadline is not the one everyone assumed.
Missing a statute of limitations is one of the most common sources of legal malpractice claims. When it happens, the consequences are brutal. The case is usually dismissed with prejudice, and the client’s claim is gone forever. At that point, the only remaining lawsuit may be the one… against the lawyer.
The lesson is simple. Never assume the default statute of limitations applies without checking the exceptions. If there is any doubt about the applicable deadline, dig deeper. Statutes of limitations are one of the few areas in personal injury law where being wrong by even one day can end the case.