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..
