- Statute of limitations
- A law that sets the maximum time after an event within which a lawsuit must be filed. Once it expires, the defendant can ask the court to dismiss the case.
- Accrual
- The point at which a claim is treated as having arisen so the filing clock starts: often the date of injury or breach, but in some states the date the harm was discovered.
- Discovery rule
- A rule that postpones the start of the clock until the plaintiff knew, or reasonably should have known, of the harm and its likely cause. Common in medical malpractice, fraud and latent-defect cases.
- Tolling
- A legal pause or extension of the filing deadline. Typical triggers include the plaintiff being a minor, mental incapacity, the defendant being out of state, or the defendant concealing the wrong.
- Minority tolling
- Tolling that delays the clock while the injured person is under 18 (or another age set by state law). The rules and any outer limit vary by state.
- Statute of repose
- An absolute cut-off, usually measured from an event such as a sale, completion of construction or a medical act. It can bar a claim even before the harm is discovered, and ordinary tolling often does not extend it.
- Prescription
- The term Louisiana uses, from civil law, for the loss of a right through the passage of time. For practical purposes it works like a statute of limitations.
- Notice of claim
- A written notice that many states require before suing a government body or public employee. The deadline is often far shorter than the normal statute of limitations.
- Sovereign immunity
- The doctrine that governments cannot be sued unless they consent. Claims against public bodies are allowed only on the terms the legislature sets, including notice deadlines.
- Fraudulent concealment
- When a defendant actively hides the wrong, many courts will toll the deadline until the plaintiff discovers, or should have discovered, the concealment.
- Equitable tolling
- A court-made pause in the deadline when a plaintiff diligently pursued their rights but extraordinary circumstances prevented timely filing. Courts apply it sparingly.
- Wrongful death action
- A claim brought on behalf of survivors after someone dies because of another party's wrongful act. The deadline usually runs from the date of death.
- Survival action
- A claim the deceased person could have brought, continued by the estate. Its deadline can differ from the wrongful death deadline.
- Affirmative defense
- A defense the defendant must raise in their response to the lawsuit. The statute of limitations is usually an affirmative defense; if it is not raised on time it can be waived.
- Dismissal with prejudice
- A dismissal that permanently ends the claim so it cannot be refiled. Cases dismissed as time-barred are typically dismissed this way.
- Savings statute
- A law that gives a plaintiff a short additional period to refile after a case is dismissed for a reason other than the merits, subject to conditions that vary by state.
- Liquidated debt
- A debt for a fixed, determinable sum. Some states apply a different (often longer) deadline to liquidated debts than to other contract claims.
