Skip to content
American Attorneys

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.

StatePersonal injuryWrongful deathFault rule
Texas2 years2 years from the deathModified comparative fault (51% bar)
California2 years2 yearsComparative fault
Florida2 years2 yearsModified comparative fault (more than 50% bars recovery)
New York3 years2 years from the deathPure comparative fault
Pennsylvania2 years2 yearsModified 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.

Free · No obligation

Get a free case review

Tell us a little about your situation and we’ll try to connect you with a participating lawyer in your area who handles it.

Don’t include confidential details. American Attorneys is not a law firm; we can’t guarantee a lawyer will take your case.

General information, not legal advice. AmericanAttorneys.net is not a law firm.