Statutes of limitations: time limits on lawsuits

Every kind of legal claim has a deadline. After the deadline passes, you can't sue: even if you're 100% right on the merits. The deadline rule is called the statute of limitations, and missing it is one of the most common ways meritorious cases die before they ever reach a courtroom.

This lesson explains what statutes of limitations are, why they exist, and how to find the deadline for your situation.

The basic rule

A [statute](/insights/glossary/statute) of limitations is a law that sets a time limit for filing a particular kind of lawsuit. If you wait longer than the limit, the case is barred. The defendant can move to dismiss based on the statute of limitations, and if the dismissal is granted, your case is over: usually with prejudice, meaning you can never refile.

Different kinds of claims have different limitations periods. The same incident might fall under multiple legal theories with different deadlines.

Why the rule exists

Legislatures impose statutes of limitations for several reasons:

Evidence ages poorly. Witnesses' memories fade. Documents get lost. Physical evidence deteriorates. The longer between the event and the trial, the less reliable the evidence becomes.
Defendants need finality. People can't live indefinitely under the threat of being sued for ancient events. The statute of limitations gives defendants a window after which they can move on.
Courts need to manage caseloads. If every claim from the past forty years could be filed today, the courts would be overwhelmed.
Plaintiffs should be diligent. The system rewards people who pursue their claims promptly. Sitting on a known claim for a decade isn't behavior the law wants to encourage.

The trade-off is that some valid claims will be barred. The legislature has decided this is a price worth paying for the benefits.

Common limitations periods

The exact periods vary by state, but common ranges:

Personal injury (car accidents, slip-and-falls, medical malpractice): typically 1-3 years
Property damage: typically 2-3 years
Breach of written contract: typically 4-6 years
Breach of oral contract: typically 2-4 years (shorter than written, in most states)
Fraud: typically 2-3 years (often with discovery-rule extensions)
Wrongful death: typically 1-3 years
Defamation (libel, slander): typically 1-2 years
Federal employment discrimination (Title VII, etc.): 180-300 days to file an EEOC charge before suing
Federal civil rights claims under § 1983: borrows the state's personal injury period (typically 2-3 years)
Consumer fraud: varies widely
Medical malpractice: typically 1-3 years, often with notice requirements
Trespass: typically 2-6 years
Unjust enrichment: typically 2-6 years

Most state statutes are organized by category. Search "[your state] statute of limitations [your claim type]" to find the specific provision. Or check with a lawyer.

When does the clock start?

This is the part that trips up most people. The statute of limitations doesn't run from when you decided to sue: it runs from when the claim "accrued."

For most claims, accrual happens when:

The harm occurred, or
The defendant's wrongful conduct happened, or
The plaintiff knew or reasonably should have known they had a claim

For obvious immediate harms (a car accident), the clock starts ticking the day of the event. For hidden harms (latent defects, ongoing fraud), the clock might not start until later: when the harm became apparent.

The "discovery rule" can extend the clock for hidden injuries. If you couldn't reasonably have known about your claim until later, the clock starts at discovery, not at the actual harm. Different states apply the discovery rule differently: some broadly, some narrowly, some only for specific kinds of claims.

For breach of contract, the clock usually starts at the breach.

For ongoing or repeated conduct (continuing trespass, ongoing harassment), the analysis can get complex: sometimes each new incident has its own limitations period; sometimes there's a single "continuing violation" with one start date.

Tolling: pausing the clock

Sometimes the statute of limitations gets paused: "tolled": for various reasons:

The plaintiff is a minor. The clock usually doesn't run while the plaintiff is under 18 (or whatever the state's age of majority is). It starts when they turn 18.
The plaintiff is incapacitated. Mental illness or unconsciousness can toll the clock.
The defendant is absent from the state. If the defendant has fled, tolling may apply.
The defendant fraudulently concealed the claim. If the defendant actively hid the wrongdoing, the clock may be tolled until the plaintiff discovers it despite the concealment.
Active settlement negotiations. Some states recognize tolling during active negotiations.
Bankruptcy. A defendant's bankruptcy automatic stay tolls the clock during the bankruptcy.

Don't rely on tolling without research. Courts apply tolling doctrines narrowly, and missing the limitations period in reliance on a bad tolling theory is a way to lose.

Statutes of repose

Different from statutes of limitations is the statute of repose. A statute of repose creates an absolute outside deadline that can't be extended even by tolling. It runs from a different starting point: typically a defendant-side event like the sale of a product or the completion of construction.

Examples: - Many states have statutes of repose for construction defects (e.g., 8 years from completion of construction) - Product liability often has both a statute of limitations and a statute of repose - Medical malpractice may have a statute of repose for incidents older than a certain number of years

The statute of repose can bar a claim even when the statute of limitations would still allow it (because of late discovery, tolling, etc.).

Criminal statute of limitations

Criminal cases also have statutes of limitations: deadlines after which the government can no longer prosecute. They vary by offense:

Most misdemeanors: 1-3 years
Most felonies: 3-10 years
Murder and most serious felonies: no limitations period in most jurisdictions
Federal crimes generally: 5 years
Some federal crimes (treason, terrorism, certain capital crimes): no limitation
Tax fraud: typically 6 years from federal tax filing

Many states have extended or abolished limitations periods for sex offenses, especially those involving minors, in recent years. Check current law.

Practical steps

If you might have a claim:

Find out the limitations period for your kind of claim. Don't guess. Look it up in your state's statutes or ask a lawyer.
Identify when the claim accrued. When did the harm happen? When did you discover it?
Calendar the deadline prominently. If the limitations period is 2 years and the event was March 1, 2025, the deadline is March 1, 2027. (Watch for whether your state counts the day of the event or starts counting the next day: usually the next day.)
Don't wait until the last minute. Filing a complaint takes time, and rushing increases mistakes. File well before the deadline if you can.
If you're close to the deadline, talk to a lawyer immediately. Even a short consultation can identify whether you have a viable claim worth filing.

What if you've missed the deadline?

If you've missed the statute of limitations, the picture is bleak but not always hopeless:

Check whether tolling might apply (minority, incapacity, etc.)
Check whether the discovery rule applies (you didn't know about the harm earlier)
Check whether there are other legal theories with longer limitations periods
Check whether there are administrative remedies still available

Talk to a lawyer. The analysis can be technical, and a lawyer might find an angle you missed.

If the statute really has run, accept it. Continuing to argue with the defendant won't bring the claim back. Focus on what's still possible.

Why deadlines like this can feel unfair

It can feel deeply unfair to lose a valid claim because of a deadline you didn't know about. Especially in cases involving sympathy-eliciting facts (childhood abuse, hidden injuries, vulnerable plaintiffs), state legislatures have steadily extended limitations periods for some claims. But the basic principle: that even valid claims have to be pursued promptly: remains.

The right response, if you have a claim, is to act on it. The right response, if you've missed the deadline, is usually to accept it and not waste further time.

This lesson is research and educational information, not legal advice. Statutes of limitations vary by state and claim type, and the analysis can be technical. Consult a lawyer to determine the deadline for your specific claim.