Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

Home Contact Site Map Bookmark Site Disclaimer

Disabilities

ALABAMA
Infants (18th birthday), insane, or incompetent persons have a maximum of 3 years after removal of disability to a maximum of 20 years from accrual of the claim. If plaintiff has multiple disabilities, the SOL does not run until all disabilities are removed. Disabilities apply even if a guardian is appointed.
ALASKA
Minors (18th birthday), incompetents, insane persons, and prisoners are allowed 2 years after disability ceases to file claim. If person injured is under the age of 8, period before 8th birthday is not included in SOL. For minors below the age of 18, SOL will run from date of marriage, when there is written consent or court approval (2 years + 1 day). In Alaska, court approved marriages are permissible at age 14.
ARIZONA
SOL does not run until disability removed. For infant, SOL does not run until 18th birthday. 1 year maximum for death but 4 months automatically.
ARKANSAS
Infant, insane, incompetent, or persons imprisoned outside of the state have 3 years after disability removed to pursue action. Infant SOL runs from 21st birthday. Wrongful death, however, is only one year from date of death. Special rule - if tortfeasor is unknown, SOL can be tolled by filing complaint with appropriate court with affidavit stating tortfeasor is unknown.
CALIFORNIA
For infancy, insanity, incompetence, and imprisonment SOL does not run until disability ceases. Infants have 2 years from 18th birthday. If plaintiff dies, SOL extended by 6 months, if defendant dies, SOL extended by 1 year.
COLORADO
Insanity, infancy (18th birthday), incompetence, or imprisonment, SOL runs from removal of disability. Special provisions relate to sexual assaults on minors.
CONNECTICUT
No toll for infancy. 7 year maximum for absence or concealment by defendant. 1 year for death of plaintiff if SOL has not expired.
DELAWARE
Infants (18th birthday), incompetents, or insane persons allowed 3 years after disability ceases to commence action.
DISTRICT OF COLUMBIA
SOL runs from removal of disability. Infants (18th birthday).
FLORIDA
Incapacity of plaintiff, maximum 7 years for injury. Rule does not apply to medical malpractice. Infants generally have 4 years except in medical malpractice cases - see above.
GEORGIA
Minors (18th birthday), incompetents, insane or imprisoned persons are granted the normal SOL after removal of disability. Medical Malpractice: Once minor attains 5 years, there is a 2 year maximum. Negligence: After age 10, action for negligent act that occurred before 5th birthday is barred.
HAWAII
For plaintiffs under disability, the regular SOL is applied after disability removed. Infants (18th birthday).
IDAHO
For infants (18th birthday), incompetents, insane, or imprisoned persons, SOL runs from removal of disability. 6 year maximum toll.
ILLINOIS
For infancy (18th birthday), incompetence, and imprisonment, 2 years from removal of disability except in medical malpractice and other actions where specific statutes must be consulted.
INDIANA
2 Years to commence actions upon removal of disability. Infants (18th birthday) EXCEPT IN PRODUCTS LIABILITY CASES WHERE THERE IS NO TOLL FOR INFANCY.
IOWA
1 Year from removal of disability to commence action. Infants (18th birthday).
KANSAS
1 year from removal of disabilities, maximum 8 years from injury. Infants (18th birthday).
KENTUCKY
SOL runs from removal of disability. Infants (from 18th birthday or from marriage under 18 with parents consent).
MAINE
SOL runs from removal of disability. Infants (18th birthday).
MARYLAND
Mental incompetent or minor (18th birthday) must file within 3 years or applicable period of limitation after disability is removed, whichever is shorter. Sol does not run during absence or concealment of defendant.
MASSACHUSETTS
For minor (18th birthday) or persons with mental illness, statute runs from removal of disability. Infants must commence action for medical malpractice within 3 years or before 9th birthday, whichever is later. Maximum limitation is 7 years after injury except for foreign object cases.
MICHIGAN
Persons under 18, incompetents, or insane persons have 1 year after disability removed if normal statute has already run.
MINNESOTA
For persons under 18, incompetents, or insane persons, SOL begins running when disability is removed but will not extend SOL more than 5 years except for infancy. Maximum 1 year from end of disability to commence actions. In malpractice cases, maximum of 7 years for infants under 18 or 1 year from end of disability. Note: Under the minority tolling statute, when a negligence action accrues during plaintiff's infancy, plaintiff must commence the action either within one year of reaching the age of majority or within the six-year period of limitation provided in statute imposing six-year limitation with respect to action for any injury to person or rights of another, not arising on contract, and not otherwise enumerated, whichever is later.
MISSISSIPPI
For infancy (21st birthday), incompetence, or insanity, SOL runs from removal of disability but toll can never extend more than 21 years. For medical malpractice, disability removed at age 6.
MISSOURI
For infancy (21st birthday) or insanity, statute begins to run on removal of disability.
MONTANA
Minority (18th birthday), incompetence, or insanity allowed to a maximum of 5 years, except in case of infancy
NEBRASKA
For infancy (20th birthday), incompetence, or insanity, SOL runs after removal of disability.
NEVADA
Medical malpractice action must be brought by parent, guardian, or legal custodian. No toll except in case of brain damage or birth defect, then SOL extended until child is 10, or in case of sterility, 2 years from discovery. For sexual abuse of a minor, 3 years from 18th birthday or discovery, whichever is later.
NEW HAMPSHIRE
Infants (18th birthday), incompetents, or insane persons must commence actions within 2 years after disability ceases.
NEW JERSEY
For infancy (18th birthday), incompetence, or insanity, statute does not run until removal of disability.
NEW MEXICO
Infants (18th birthday), incompetents, and insane persons are allowed 1 year after termination of disability unless against governmental entity, then minors under 7 have until 9th birthday, otherwise, 2 year limitation applies.
NEW YORK
For infancy (18th birthday), incompetence, and insanity, statute runs from end of disability. Toll of 3 years, if SOL is 3 years or more. If SOL is less than 3 years, than it is extended by period of disability. For medical and dental malpractice, the maximum toll for an infant is 10 years.
NORTH CAROLINA
Infants (18th birthday + 3 years maximum), incompetents, or insane persons granted normal SOL upon removal of disability, except in malpractice where if infant, maximum is age 19.
NORTH DAKOTA
For infants (18th birthday), incompetents, and insane people, statute runs from end of disability and cannot be extended more than 5 years except for infancy in which case no more than 1 year after disability ceases. For medical malpractice, toll is limited to 12 years for infant.
OHIO
For malpractice, if incompetent or infant under 12, action must be brought within 7 years of occurrence. Otherwise, for infant, within 1 year after majority (18th birthday) but never less than 2 years after injury.
OKLAHOMA
For malpractice, if incompetent or infant under 12, action must be brought within 7 years of occurrence. Otherwise, for infant, within 1 year after majority (18th birthday) but never less than 2 years after injury.
OREGON
For infancy (18th birthday) and insanity, the maximum is 5 years in all or 1 year after disability ceases. Toll does not apply to medical or dental malpractice claims.
PENNSYLVANIA
For infancy, SOL extended by period of minority (18th birthday). If infant is under 18 and emancipated, SOL of 2 years applies. No toll for insanity or imprisonment unless provided by statute.
PUERTO RICO
In personal action, while plaintiff is: (1) minor; (2) insane; or (3) married woman whose husband must necessarily join her in commencement of action, period of such disability is not part of applicable prescriptive period; imprisonment is not considered disability.
RHODE ISLAND
For infants (18th birthday), incompetents, and insane persons, SOL applies after disability removed. Does not apply in wrongful death cases. Medical malpractice and legal malpractice cases must be brought within 3 years from removal of disabilities.
SOUTH CAROLINA
For infants (18th birthday), incompetents, and insane persons, SOL runs from termination of disability. Maximum of 5 years, unless infant and then it is a maximum of 1 year from end of disability.
SOUTH DAKOTA
For infants (18th birthday), incompetents, or insane persons, SOL is excluded until disability ends. Toll cannot extend more than 5 years, unless infant or, in any case, more than 1 year after disability ceases.
TENNESSEE
Rule applies if plaintiff is less than 50% responsible.
TEXAS
SOL does not run until insane or infant (18th birthday) no longer disabled.
U.S. VIRGIN ISLANDS
SOL applies after disability ceases for infants and insane persons. Maximum of 2 years to commence actions. Ceases after 21st birthday.
UTAH
SOL runs from end of disability for infants (18th birthday) and insane persons. No toll for disability in malpractice cases. SOL does not run during absence or concealment of defendant.
VERMONT
SOL runs after disability removed. Infant (18th birthday).
VIRGINIA
Statute runs after disability (infancy, insanity) ends. Except in malpractice which is 2 years of accrual of action unless minor under 8 years old, in which case action must be brought by 10th birthday. SOL tolled by absence or concealment of defendant and prevents SOL from running as long as defendant's absence or concealment continues.
WASHINGTON
SOL runs after disability ends. Infants (18th birthday).
WEST VIRGINIA
SOL runs after disability ends. Infants (18th birthday). Maximum 20 year toll.
WISCONSIN
SOL runs from end of disability. Maximum 5 years unless infant (18th birthday). Disabled minors can bring an action within two years after the disability ceases, but that allowance does not apply to actions against health care providers.
WYOMING
Actions must be commenced within 3 years of removal of disability (infants' 18th birthday) with exception of medical malpractice (see above)

MANHATTAN OFFICE

111 John Street, 14th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

375 Cedar Lane
Teaneck, NJ 07666
Phone: 973.297.1020

FLORIDA OFFICE

3301 Bonita Beach Road
Bonita Springs, Florida 34134
Phone: 239.390.1000