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.
A wrongful death action based on negligence must be filed within three years of the date of death, but in no event can the action be filed more than six years from the date that the act giving rise to claim occurred. In cases where the wrongful death action is based upon medical malpractice, suit must be filed within three years of the date of death, but in no event can the action be filed more than four years from the date that the act that giving rise to the injury occurred.
These actions generally carry a two-year limitations period.
Actions against health care providers must be filed within four years of the date that the act giving rise to the injury occurred.
Depending on the circumstances and nature of the claim, a two-, four-, or six-year statute of limitations could apply.
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.