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★ glossary entry

Statute of limitations

By Reviewed by Abd Shanti, Founder7 min read
★ definition

The legal deadline by which a personal injury claim must be filed in court.

What it means in practice.

Limitation varies by jurisdiction and by claim type. Most US states allow two or three years from the date of injury; UK general limitation is three years for personal injury; Ireland is two years. Missing it usually extinguishes the claim entirely.

A statute of limitations is the deadline for starting a lawsuit. Miss it and the claim is usually lost for good, however strong it was. The clock normally starts on the date of the injury, though many places start it later if you could not have known about the injury or its cause.

The period varies more than most people expect: one year for most injuries in Kentucky and Tennessee, two in California and Virginia, three in New York and England, six in North Dakota. Special rules often apply to car crashes, medical claims, children and claims against public bodies.

Starting a lawsuit means doing whatever the local rules treat as commencing it. In North Dakota that means completing service, not just sending the papers to a process server.

How it works in different places.

WhereHow it worksSource
TennesseeOne year from the injury, or two years if the other driver was criminally charged or cited over the crash.Tenn. Code Ann. § 28-3-104(a); Younger v. Okbahhanes (Tenn. Ct. App. 2021)
CaliforniaTwo years for injury or death caused by the wrongful act or neglect of another.Cal. Code Civ. Proc. § 335.1
New YorkThree years for an action to recover damages for a personal injury.CPLR 214(5)
England and WalesThree years from the injury, or from your date of knowledge if later.Limitation Act 1980, s 11(4)
British ColumbiaTwo years after the day the claim is discovered.Limitation Act, SBC 2012, c 13, s 6(1)
QueenslandThree years, extendable only if a material fact of a decisive character was not known in time.Ringelstein v Metro North HHS [2025] QSC 75

A worked example.

★ from a real decision

Two days late: Langowski v. Altendorf (N.D. 2012)

Accident
Pedestrian struck crossing a street in Minto, 21 August 2004
Deadline
Six years, ending in August 2010
What the lawyer did
Sent the summons and complaint to a process server days before the deadline
Service completed
23 August 2010, after the period had run
Result
Claim dismissed; affirmed

Even a six year limit, one of the longest in the US, was lost because the action had to be commenced by service, and service came after the deadline.

Langowski v. Altendorf (N.D. 2012)

Sources.

★ frequently asked

Common questions.

Quick answers, plain English.

★ editorial note

This entry describes the term as it appears in published authority and practitioner usage. Nothing on this page is legal advice. For your specific case, consult a solicitor or attorney qualified in your jurisdiction. See /methodology for how we derive figures elsewhere on the site, /sources for the standing authority list, and /disclaimer for the scope statement.