Glossary
Statute of limitations
A law that sets a deadline for filing a lawsuit. After the deadline passes, the case is barred: even if the underlying claim is meritorious. Different kinds of cases have different limitations periods.
Common limitations periods (varies by state):
- Personal injury: typically 1-3 years
- Breach of written contract: typically 4-6 years
- Breach of oral contract: typically 2-4 years
- Property damage: typically 2-3 years
- Most fraud claims: typically 2-3 years
- Federal employment discrimination: 180-300 days to file an EEOC charge
- Tax debt collection: 10 years after assessment
The clock usually starts running when the harm happens or when the plaintiff discovered (or reasonably should have discovered) the harm. The "discovery rule" can extend the clock for hidden injuries: but courts apply it carefully.
If you might have a claim, find out the limitations period quickly. Lawyers turn down meritorious cases all the time because the deadline has passed.