What is a statute of limitations?
A statute of limitations is the deadline for filing a lawsuit. In an injury claim, it is the last day you can sue the person or business that hurt you. Once it passes, a late case can be thrown out even when the other side was plainly to blame, and the insurer knows that.
Last checked November 9, 2026 · Official sources (5)
How does a statute of limitations affect an injury claim? An example
EXAMPLE ONLY. Maria is rear-ended in Houston on June 1, 2025. Her medical bills reach $12,000, and the other driver's insurer offers $5,000. She keeps calling and sending records. Texas gives her two years after the cause of action accrues to sue, so the date she has to watch falls in early June 2027.
If Maria files a lawsuit before then, she can keep negotiating while the case is open. If the date slips by while she waits for a better offer, the insurer has little reason to raise it. Her $12,000 in bills did not change. What changed is that she can no longer make the insurer answer to a court.
Why does the deadline matter if I am only dealing with insurance?
Most injury claims are settled without a trial, so the deadline can feel like a lawyer's problem. It is really the source of your bargaining power. An adjuster pays a fair amount because you could sue. When that possibility ends, so does most of the pressure to pay.
The date also decides when you need to act. A lawsuit takes time to prepare, and the right person or company has to be named in it. That is why people commonly talk with an injury lawyer months before the deadline rather than in the final week.
How long is the statute of limitations for personal injury in my state?
It depends on the state and the kind of claim. For a typical injury lawsuit, the four states below give two years. Some claims, such as those against a government or over medical care, can follow different rules, so check your own state's page before you rely on a date.
| State | Basic injury deadline | Law |
|---|---|---|
| Arizona | Two years after the cause of action accrues | A.R.S. § 12-542 |
| Texas | Two years after the day the cause of action accrues | Tex. Civ. Prac. & Rem. Code § 16.003 |
| California | Two years for an injury caused by the wrongful act or neglect of another | Cal. Civ. Proc. Code § 335.1 |
| Florida | Two years for an action founded on negligence | Fla. Stat. § 95.11(5)(a) |
Every state and Washington, D.C. has its own page with the statute, the official source and any shorter deadlines we verified:
Statute of limitations vs. statute of repose vs. tolling
A statute of limitations usually runs from the day the claim arises. A statute of repose is a separate outer limit used mostly for product and construction claims, and it runs from something the defendant did, such as selling a product. Tolling is a pause on the clock. Each has its own entry in this glossary.
Questions
When does the statute of limitations start?
Many state laws count from when the cause of action accrues. In a crash, that is usually the day of the crash, but some claims start later.
Does filing an insurance claim stop the clock?
No. The deadline is for filing a lawsuit, and a claim with an insurer is not a lawsuit.
What if my deadline is close or already passed?
A late case can be thrown out however good the evidence is. A close or missed date is the moment people most often ask a lawyer to look at their claim.
Find out if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (5)
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “The time within which a lawsuit must be filed or a criminal prosecution must begin. The deadline can vary, depending on the type of civil case or the crime charged.”
- Tex. Civ. Prac. & Rem. Code § 16.003(a), checked 2026-11-09. “personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.”
- A.R.S. § 12-542(1), checked 2026-11-09. “there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions: 1. For injuries done to the person of another”
- Cal. Civ. Proc. Code § 335.1, checked 2026-11-09. “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
- Fla. Stat. § 95.11(5)(a), checked 2026-11-09. “(5) WITHIN TWO YEARS. — (a) An action founded on negligence.”