Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
In most cases, a wrongful death action must be filed within two years of the date of death. In cases where the death resulted out of the use or operation of a motor vehicle, however, the action must be filed within three years of the date of death.
An action for personal injury must be filed within two years of the date that the injury occurred.
In Colorado, one can file suit to recover damages for injuries sustained in a motor vehicle accident up to three years after the accident occurred.
Uninsured motorist claims must be filed three years after the cause of action accrues. There may be additional time to bring the action based on certain circumstances regarding the timing of the discovery of insufficient liability coverage.
Actions against health care providers must be filed within two years of date of the injury or within two years after the injury was, or should have been, discovered. In no event may a person file a medical malpractice claim more than three years after the act giving rise to the injury occurred.
Products liability suits must be filed within two years of the date of the injury.
Except in cases of wrongful death, the statute of limitations begins to run on the minor's 18th birthday.
Need more information on state laws? Learn more about the laws where you live.
Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.