Checked October 14, 2026
Injury law by state: deadlines to sue and fault rules
How long you have to file a personal injury, wrongful death or medical malpractice lawsuit, and how your own share of fault affects what you can recover, quoted from each state’s law.
| State | Personal injury | Wrongful death | Fault rule |
|---|---|---|---|
| Texas | 2 years | 2 years from the death | Modified comparative fault (51% bar) |
| California | 2 years | 2 years | Comparative fault |
| Florida | 2 years | 2 years | Modified comparative fault (more than 50% bars recovery) |
| New York | 3 years | 2 years from the death | Pure comparative fault |
| Pennsylvania | 2 years | 2 years | Modified comparative fault (51% bar) |
Deadlines can be shorter for claims against a city, county or state agency, and some can be paused (for example for children). A lawyer in your state can tell you your exact deadline. See statute of limitations explained.
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