What if I miss the deadline?

Case dismissed with prejudice. No appeal possible. Always file conservatively.

Does SOL apply to settlement negotiations?

No — only to filing suit. Negotiations don't toll SOL unless explicitly tolled by written agreement.

When does the clock start?

Generally date of injury OR date of discovery, whichever the state's discovery rule allows.

Does insurance claim count as 'filing'?

No — filing means commencing lawsuit. Insurance demand is not a lawsuit.

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Can SOL be extended by agreement?

Yes — defendant can waive in writing. Don't rely on verbal agreements.

Personal Injury Statute of Limitations by State Calculator

Personal injury statute of limitations varies dramatically by state — from 1 year (KY, LA, TN) to 6 years (ME, ND). Filing one day late = case barred forever. Discovery rule and tolling for minors can extend deadlines. Always calculate from date of injury or discovery, not date of medical treatment.

State of Injury

Date of Injury (months ago)

When Did You Discover the Injury?

Months Since Discovery (if late)

Plaintiff Was Minor at Injury?

Claim Type

Why Statute of Limitations Is Strict

Statute of limitations is jurisdictional — filing one day late means court has no power to hear case. No 'good cause' exception. Defendant raises it as affirmative defense in first responsive pleading. Always file conservatively — count 30 days before deadline as your true deadline to account for filing delays, errors, court closures.

The Discovery Rule

Most states apply discovery rule: SOL starts when plaintiff knew or should have known of injury, not date of injury. Critical for: latent medical injuries (cancer from exposure), professional malpractice (delayed manifestation), construction defects (hidden flaws). Discovery rule extends deadlines but defendant will argue plaintiff knew earlier. Document the moment of discovery contemporaneously.

Minor and Mental Incapacity Tolling

All 50 states toll SOL for minors — clock pauses until age of majority (18 in most states). Personal injury claim by 10-year-old in 2-year state: clock starts at 18, expires at 20. Mental incapacity also tolls in most states. Wartime deployment tolls under Servicemembers Civil Relief Act. Always check tolling provisions before assuming SOL expired.

Source: State-specific civil practice codes, Restatement (Second) of Torts § 8A. Last updated: May 2026.