A statute of limitations (called a “limitation period” outside the US) is the legal deadline by which you must file a personal injury claim. Miss it, and the court will dismiss the case — regardless of how strong it is. The deadlines range from 1 year in some US states to 10 years for bodily injury in France. Every jurisdiction on this site imposes one, and every jurisdiction provides narrow exceptions.
US: 1–6 years (most states: 2–3 years). UK: 3 years. Ireland: 2 years. Canada: 2 years (most provinces). Australia: 3 years (most states). France: 10 years for bodily injury. Germany: 3 years from year-end of knowledge. Exceptions exist for minors, latent injuries, and government claims — but they are narrow.
United States — state-by-state limitation periods
The US has no federal statute of limitations for personal injury. Each state sets its own deadline. The range is 1 to 6 years, with most states clustered at 2 or 3.
| Period | States |
|---|---|
| 1 year | Kentucky, Louisiana, Tennessee |
| 2 years | Alabama, Alaska, Arizona, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana (delictual), Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia |
| 3 years | Arkansas, Colorado, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin, Wyoming |
| 4 years | Utah, Nevada (adjusting for statute specifics) |
| 6 years | Maine, North Dakota |
United Kingdom
In England and Wales, the limitation period for personal injury is 3 years from the date of injury (or date of knowledge under s.14 of the Limitation Act 1980). The court retains discretion under s.33 to extend the period in exceptional circumstances.
Scotland applies a 3-year limitation period under the Prescription and Limitation (Scotland) Act 1973. Northern Ireland also applies 3 years under the Limitation (Northern Ireland) Order 1989.
Ireland
Ireland applies a 2-year limitation period under the Statute of Limitations (Amendment) Act 1991. The clock starts from the date of injury or date of knowledge, whichever is later. Filing a PIAB application suspends the limitation period.
Canada
Most Canadian provinces apply a 2-year limitation period, with a discoverability principle that starts the clock from when the claimant knew or ought to have known about the injury and its connection to the defendant's act.
| Province | Limitation | Key statute |
|---|---|---|
| Ontario | 2 years | Limitations Act, 2002 |
| British Columbia | 2 years | Limitation Act, SBC 2012 |
| Alberta | 2 years | Limitations Act, RSA 2000 |
| Quebec | 3 years | Civil Code of Quebec, Art. 2925 |
Australia
| State / territory | Limitation | CTP notification deadline |
|---|---|---|
| New South Wales | 3 years | 28 days (motor accidents) |
| Victoria | 3 years | Varies by scheme (TAC) |
| Queensland | 3 years | 9 months (PIPA notice) |
| Western Australia | 3 years | Varies |
European jurisdictions
| Country | Limitation | Key note |
|---|---|---|
| France | 10 years | Extended prescription for bodily injury (Code Civil, Art. 2226) |
| Germany | 3 years | Runs from end of calendar year of knowledge (BGB §199) |
| Spain | 1 year | Short; Código Civil Art. 1968(2). Extended by Baremo procedure |
| Italy | 5 years | Codice Civile, Art. 2947 |
| Netherlands | 5 years | BW Art. 3:310(1); 20-year absolute bar |
Common exceptions and tolling rules
- Minors. In most jurisdictions, the clock pauses until the minor reaches 18 (or the relevant age of majority).
- Discovery rule. The clock starts from the date the claimant knew (or should have known) about the injury, not the date of the incident. Critical for latent injuries and medical malpractice.
- Mental incapacity. The clock pauses if the claimant lacks mental capacity to bring a claim.
- Defendant absence. Some jurisdictions toll the period if the defendant is absent from the jurisdiction.
- Fraudulent concealment. If the defendant actively conceals the injury or its cause, the limitation period may be extended.
Government entity claims: shorter deadlines
Claims against government entities almost always require earlier action than private claims. In the US, notice of claim deadlines range from 30 days (some municipalities) to 180 days (federal FTCA). Missing this notice window bars the claim entirely — even if the general statute of limitations has not expired.
Frequently asked questions
What is a statute of limitations in personal injury?
What is the statute of limitations for personal injury in the US?
Can a statute of limitations be extended?
What is the limitation period in the UK?
Does filing a claim with PIAB stop the clock in Ireland?
Sources
- Limitation Act 1980 (England & Wales) — s.11, s.14, s.33
- Statute of Limitations (Amendment) Act 1991 (Ireland)
- PIAB Act 2003 (Ireland), s.50 — suspension of limitation during PIAB process
- Limitations Act, 2002 (Ontario)
- BGB §199 — German limitation provisions
- Code Civil Art. 2226 (France) — bodily injury prescription
- National Conference of State Legislatures — state limitations survey