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Statutes of Limitations for Personal Injury Cases-Part 2

NOTE: This list is only a starting point in your research. If you are concerned about a statute of limitation, you should either contact a personal injury lawyer in your state or go to a law library and look up the statutory section cited in this list.

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

Code of Alabama §6-2-38

Alaska Statutes §09.10.070

Arizona Revised Statutes §12-542

Arkansas Stat. Annotated §16-56-115

Civil Civ. Procedure Code §340, §335.1

Colorado Revised Statutes §13-80-102

Connecticut General Statutes §52-584

Delaware Code Annotated §§8107, 8119

District of Columbia Code §12-301

Florida Statutes §95.11

Georgia Code Ann. §3-1004

Hawaii Revised Statutes §657-7

Idaho Code §5-219

Illinois Statutes Ann. §13-202

Indiana Code Ann. §34-11-2-4

Iowa Code Annotated §614.1

Kansas Statutes Annotated §60.513

Kentucky Revised Statutes Ann. §413.140

Louisiana Civil Code Ann. Art. 3492

Maine Revised Statutes Ann. §752

Maryland Ann. Code §5-101

Massachusetts General Laws Ann. Ch. 260, §2A4

Michigan Compiled Laws §600.5805S

Minnesota Statutes Annotated §541.07

Mississippi Code Annotated §15-1-49

Missouri Statute Annotated 35 §516.120

Montana Code Annotated §27-2-204, §27-2-207

Revised Statutes of Nebraska §25-20S

Nevada Revised Statutes Annotated §11.190

New Hampshire Revised Statutes Ann. §50S:4

New Jersey Statutes Annotated §2A:14-2

New Mexico Statutes Ann. §37-1-S

N.Y. CIV. PRAC. R. §214

General Statutes of North Carolina §1-52

North Dakota Century Code §2S-0l-16

Ohio Rev. Code Ann. §2305.10

Oklahoma Statutes Annotated Title 12 §95

Oregon Revised Statutes §12.110

42 PA Con. Stat. Annotated §5524

General Laws of Rhode Island §9-1-14

South Carolina Code Ann. §15-3-530

South Dakota Compo Laws Ann. §15-2-14

Tennessee Code Annotated §2S-3-104

Texas Civ. Prac. & Rem. Code Ann. 2 §16.003

Utah Code Annotated §7S-12-25

Vermont Statutes Ann. Title 12 §512

Virginia Code §S.Ol-243

Revised Code of Washington Ann. §4.16.020

West Virginia Code §55-2-12

Wisconsin Statutes Annotated §S93.54

Wyoming Statutes Annotated §1-3-105

2 years

2 years

2 years

5 years

l or 2 years

2 years

2 years

2 years

3 years

4 years

2 years

2 years

2 years

2 years

2 years

2 years

2 years

1 year

1 year

6 years

3 years

3 years

3 years

2 years

3 years

5 years

2 or 3 years

4 years

2 years

3 years

2 years

3 years

3 years

3 years

6 years

2 years

2 years

2 years

2 years

3 years

3 years

3 years

1 year

2 years

4 years

3 years

2 years

3 years

2 years

3 years

4 years

Consult an attorney in your state if you fear that the statute of limitations has passed in your case. There are some exceptions you may need to be aware of. For example, minors generally have two years from the date they reach their 18th birthday to file, although, again, this varies from state to state.

In cases involving repressed memory, the court may suspend the statute of limitations during the time that the memory was repressed. Similarly, many states suspend the statute of limitations during periods that the plaintiff suffered from insanity or mental incapacity. Thus, this period of time would not count toward the deadline.

Even if memory was not repressed, in cases involving victims of childhood sexual abuse, a civil lawsuit for damages might have a very long statute of limitations deadline. In Pennsylvania, the legislature passed a law in June 2002 changing the statute of limitations in these types of cases to twelve years after the plaintiff reaches age 18, the age of majority.

This forward-thinking legislation recognizes that even if the victim of childhood sexual abuse has not repressed any memories, he or she may not have the ability to act to protect his or her legal rights for a very long time after becoming an adult. It may take many years before this person has worked through the trauma enough to move forward with legal action. (See www.smith-lawfirm.com/remedies.html for an extended discussion of these issues.)

If you need more information or think you need an attorney, please contact Evan Aidman, Esq..

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