Filing deadlines by state
How long you generally have to file a lawsuit in each US state and DC. Deadlines can start later, pause or be shortened depending on the facts, so open your state for details and the official law.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Missing a deadline can end a claim. If a deadline may be close, speak with a lawyer licensed in your state now.
| State | Medical malpractice | Wrongful death |
|---|---|---|
| Alabama | 2 years (6 mo. after discovery) | 2 years from death |
| Alaska | 2 years | 2 years from death |
| Arizona | 2 years | 2 years |
| Arkansas | 2 years | 3 years |
| California | 3 years (1 yr after discovery) | 2 years |
| Colorado | 2 years | 2 years |
| Connecticut | 2 years | 2 years |
| Delaware | 2 years | 2 years |
| District of Columbia | 3 years | 2 years |
| Florida | 2 years | 2 years |
| Georgia | 2 years (5-year repose) | 2 years |
| Hawaii | 2 years (6-year repose) | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 2 years (4-year repose) | 2 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years (6-year repose) | 2 years |
| Kansas | 2 years (4-year repose) | 2 years |
| Kentucky | 1 year (5-year repose) | 1 year |
| Louisiana | 1 year (3-year repose) | 1 year from death or 2 years from the injury, whichever is longer |
| Maine | 3 years | 3 years |
| Maryland | 5 years from injury or 3 years from discovery | 3 years from death |
| Massachusetts | 3 years; max 7 years (repose) | 3 years from death or discovery |
| Michigan | 2 years (or 6 months from discovery); max 6 years | 3 years (saving period under § 600.5852) |
| Minnesota | 4 years | 3 years from death; max 6 years from act |
| Mississippi | 2 years; max 7 years (repose) | 3 years (or applicable underlying tort SOL) Under review |
| Missouri | 2 years | 3 years |
| Montana | 2 years from injury or discovery (whichever is later); 5-year outer limit | 3 years |
| Nebraska | 2 years (or 1 from discovery); max 10 years | 2 years from death |
| Nevada | 3 years (or 2 from discovery); whichever first | 2 years from death |
| New Hampshire | 3 years (with discovery) | Generally 3 years Under review |
| New Jersey | 2 years | 2 years from death |
| New Mexico | 3 years | 3 years from death |
| New York | 2 years 6 months | 2 years from death |
| North Carolina | 3 years | 2 years from death |
| North Dakota | 2 years | 2 years from death |
| Ohio | 1 year | 2 years from death |
| Oklahoma | 2 years | 2 years from death |
| Oregon | 2 years | 3 years from injury discovery |
| Pennsylvania | 2 years | 2 years from death |
| Rhode Island | 3 years | 3 years from death |
| South Carolina | 3 years (max 6 from occurrence) | 3 years |
| South Dakota | 2 years | 3 years |
| Tennessee | 1 year | 1 year |
| Texas | 2 years | 2 years |
| Utah | 2 years from discovery Under review | 2 years |
| Vermont | 3 years (or 2 from discovery) | 2 years |
| Virginia | 2 years | 2 years |
| Washington | 3 years (or 1 from discovery) | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years (or 1 from discovery) | 3 years |
| Wyoming | 2 years | 2 years |
How we check these deadlines
Each period was compared across three independent 50-state surveys of state law. Where they disagreed, we checked the state's official code and corrected the figure. Every entry links to the official statute so you can read it yourself. Last checked: November 12, 2026.
Cross-checked sources agree Checked on official code confirmed directly on the state's code site Under review the rule depends on the type of claim or is being re-checked; read the linked statute.