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 a plaintiff has multiple disabilities, the Statute of Limitations 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 claims. If a person injured is under the age of 8, the period before 8th birthday is not included in Statute of Limitations. For minors below the age of 18, Statute of Limitations will run from the 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
Statute of Limitations does not run until disability is removed. For infants, Statute of Limitations does not run until their 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 Statute of Limitations runs from 21st birthday. Wrongful death, however, is only one year from the date of death. Special rule – if tortfeasor is unknown, Statute of Limitations can be tolled by filing a complaint with the appropriate court with affidavit stating tortfeasor is unknown.
CALIFORNIA
For infancy, insanity, incompetence, and imprisonment Statute of Limitations does not run until disability ceases. Infants have 2 years from their 18th birthday. If the plaintiff dies, Statute of Limitations is extended by 6 months, if the defendant dies, Statute of Limitations is extended by 1 year.
COLORADO
Insanity, infancy (18th birthday), incompetence, or imprisonment, Statute of Limitations 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 a plaintiff if Statute of Limitations has not expired.
DELAWARE
Infants (18th birthday), incompetents, or insane persons allowed 3 years after disability ceases to commence action.
DISTRICT OF COLUMBIA
Statute of Limitations 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 Statute of Limitations after removal of disability. Medical Malpractice: Once minor attains 5 years, there is a 2 year maximum. Negligence: After age 10, action for negligent acts that occurred before 5th birthday is barred.
HAWAII
For plaintiffs under disability, the regular Statute of Limitations is applied after disability is removed. Infants (18th birthday).
IDAHO
For infants (18th birthday), incompetents, insane, or imprisoned persons, Statute of Limitations 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
Statute of Limitations runs from removal of disability. Infants (from 18th birthday or from marriage under 18 with parents consent).
MAINE
Statute of Limitations 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. Statute of Limitations does not run during absence or concealment of the 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, Statute of Limitations begins running when disability is removed but will not extend Statute of Limitations 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, Statute of Limitations 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, Statute of Limitations runs after removal of disability.
NEVADA
Medical malpractice action must be brought by a parent, guardian, or legal custodian. No toll except in case of brain damage or birth defect, then Statute of Limitations 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 entities, then minors under 7 have until the 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 Statute of Limitations is 3 years or more. If Statute of Limitations is less than 3 years, then it is extended by a 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 Statute of Limitations 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 infants.
OHIO
For malpractice, if incompetent or infant under 12, action must be brought within 7 years of occurrence. Otherwise, for an 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 an 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, Statute of Limitations extended by period of minority (18th birthday). If infant is under 18 and emancipated, Statute of Limitations 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, Statute of Limitations applies after disability is 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, Statute of Limitations 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, Statute of Limitations 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 the plaintiff is less than 50% responsible.
TEXAS
Statute of Limitations does not run until insane or the infant (18th birthday) no longer disabled.
U.S. VIRGIN ISLANDS
Statute of Limitations applies after disability ceases for infants and insane persons. Maximum of 2 years to commence actions. Ceases after 21st birthday.
UTAH
Statute of Limitations runs from the end of disability for infants (18th birthday) and insane persons. No toll for disability in malpractice cases. Statute of Limitations does not run during absence or concealment of the defendant.
VERMONT
Statute of Limitations runs after disability is removed. Infant (18th birthday).
VIRGINIA
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 a plaintiff has multiple disabilities, the Statute of Limitations 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 claims. If a person injured is under the age of 8, the period before 8th birthday is not included in Statute of Limitations. For minors below the age of 18, Statute of Limitations will run from the 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
Statute of Limitations does not run until disability is removed. For infants, Statute of Limitations does not run until their 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 Statute of Limitations runs from 21st birthday. Wrongful death, however, is only one year from the date of death. Special rule – if tortfeasor is unknown, Statute of Limitations can be tolled by filing a complaint with the appropriate court with affidavit stating tortfeasor is unknown.
CALIFORNIA
For infancy, insanity, incompetence, and imprisonment Statute of Limitations does not run until disability ceases. Infants have 2 years from their 18th birthday. If the plaintiff dies, Statute of Limitations is extended by 6 months, if the defendant dies, Statute of Limitations is extended by 1 year.
COLORADO
Insanity, infancy (18th birthday), incompetence, or imprisonment, Statute of Limitations 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 a plaintiff if Statute of Limitations has not expired.
DELAWARE
Infants (18th birthday), incompetents, or insane persons allowed 3 years after disability ceases to commence action.
DISTRICT OF COLUMBIA
Statute of Limitations 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 Statute of Limitations after removal of disability. Medical Malpractice: Once minor attains 5 years, there is a 2 year maximum. Negligence: After age 10, action for negligent acts that occurred before 5th birthday is barred.
HAWAII
For plaintiffs under disability, the regular Statute of Limitations is applied after disability is removed. Infants (18th birthday).
IDAHO
For infants (18th birthday), incompetents, insane, or imprisoned persons, Statute of Limitations 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
Statute of Limitations runs from removal of disability. Infants (from 18th birthday or from marriage under 18 with parents consent).
MAINE
Statute of Limitations 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. Statute of Limitations does not run during absence or concealment of the 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, Statute of Limitations begins running when disability is removed but will not extend Statute of Limitations 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, Statute of Limitations 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, Statute of Limitations runs after removal of disability.
NEVADA
Medical malpractice action must be brought by a parent, guardian, or legal custodian. No toll except in case of brain damage or birth defect, then Statute of Limitations 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 entities, then minors under 7 have until the 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 Statute of Limitations is 3 years or more. If Statute of Limitations is less than 3 years, then it is extended by a 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 Statute of Limitations 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 infants.
OHIO
For malpractice, if incompetent or infant under 12, action must be brought within 7 years of occurrence. Otherwise, for an 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 an 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, Statute of Limitations extended by period of minority (18th birthday). If infant is under 18 and emancipated, Statute of Limitations 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, Statute of Limitations applies after disability is 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, Statute of Limitations 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, Statute of Limitations 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 the plaintiff is less than 50% responsible.
TEXAS
Statute of Limitations does not run until insane or the infant (18th birthday) no longer disabled.
U.S. VIRGIN ISLANDS
Statute of Limitations applies after disability ceases for infants and insane persons. Maximum of 2 years to commence actions. Ceases after 21st birthday.
UTAH
Statute of Limitations runs from the end of disability for infants (18th birthday) and insane persons. No toll for disability in malpractice cases. Statute of Limitations does not run during absence or concealment of the defendant.
VERMONT
Statute of Limitations runs after disability is 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. Statute of Limitations tolled by absence or concealment of defendant and prevents Statute of Limitations from running as long as defendant’s absence or concealment continues.
WASHINGTON
Statute of Limitations runs after disability ends. Infants (18th birthday).
WEST VIRGINIA
Statute of Limitations runs after disability ends. Infants (18th birthday). Maximum 20 year toll.
WISCONSIN
Statute of Limitations runs from the 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)
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. Statute of Limitations tolled by absence or concealment of defendant and prevents Statute of Limitations from running as long as defendant’s absence or concealment continues.
WASHINGTON
Statute of Limitations runs after disability ends. Infants (18th birthday).
WEST VIRGINIA
Statute of Limitations runs after disability ends. Infants (18th birthday). Maximum 20 year toll.
WISCONSIN
Statute of Limitations runs from the 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)