A complete, plain-English guide to one of the most important — and most misunderstood — rules in American law.
A statute of limitations is a law that establishes the maximum amount of time a person has to initiate legal proceedings after an injury, breach, or wrongful act. The term comes from the Latin statuta limitationis — literally, "established limits."
Every US state has its own set of statutes of limitations for civil claims. These laws set specific deadlines — measured in years — that vary based on the type of claim and the state where the claim arose. A personal injury claim in California has a 2-year deadline. The same claim in Maine gets 6 years. A written contract dispute in Rhode Island gets 10 years. These are not arbitrary numbers — they reflect each state legislature's policy judgment about how long is reasonable to bring a claim.
The consequences of missing a statute of limitations deadline are severe and largely irreversible. If you file even one day late, the defendant will file a motion to dismiss, and the court will almost certainly grant it. Your case is over — regardless of how clearly you were wronged, how strong your evidence is, or how serious your injuries are.
Statutes of limitations exist for three main policy reasons:
Evidence degrades over time. Witnesses' memories fade, documents are lost or destroyed, physical evidence deteriorates, and security footage is overwritten. Requiring timely claims ensures disputes are resolved while the evidence is still fresh enough to support a fair result.
Defendants deserve protection from indefinite legal exposure. People and businesses need to be able to arrange their affairs without facing the permanent threat of litigation for events that may have occurred decades ago. At some point, the right to certainty outweighs the right to sue.
Courts are already overburdened. Permitting ancient claims would further overload the system while producing unreliable results. Statutes of limitations help ensure that courts spend their time on timely disputes where the evidence still supports meaningful adjudication.
Every statute of limitations has three key components:
| Component | What It Means | Example |
|---|---|---|
| The Period | How many years you have to file | 2 years for personal injury in California |
| The Trigger | When the clock starts running | Date of injury (or date of discovery) |
| The Exceptions | Rules that pause or extend the deadline | Tolling for minors, discovery rule, government notice |
Different types of civil claims have different limitation periods — even in the same state. The most common civil case types and their typical ranges (across all states) are:
| Case Type | Typical Range | Most Common |
|---|---|---|
| Personal Injury | 1–6 years | 2 years |
| Medical Malpractice | 1–7 years | 2–3 years |
| Written Contract | 3–15 years | 4–6 years |
| Oral Contract | 2–6 years | 3–4 years |
| Defamation (Libel/Slander) | 1–3 years | 1–2 years |
| Wrongful Death | 1–3 years | 2 years |
| Property Damage | 2–6 years | 3 years |
| Fraud | 2–7 years | 3–6 years (from discovery) |
The most common trigger is the date of the injury or wrongful act. However, many states modify this with the discovery rule — particularly for cases where the harm was not immediately apparent. Under the discovery rule, the clock starts when you discovered (or with reasonable diligence should have discovered) that you were harmed and who may be responsible.
Several conditions can pause or extend the limitations period. These are called tolling rules:
The statute of limitations is an affirmative defense — meaning the defendant must raise it. If you file a lawsuit after the deadline, the defendant (or their attorney) will file a motion to dismiss citing the expired limitations period. Courts virtually always grant these motions. The result is:
Hiring an attorney, sending a demand letter, or opening an insurance claim does NOT stop the statute of limitations clock. Only filing a complaint with the court stops the clock. Even if you're in active settlement negotiations, you must file before the deadline if a settlement isn't reached in time.
This guide — and this website — covers civil statutes of limitations only. Criminal statutes of limitations are separate laws governing how long prosecutors have to bring criminal charges. They operate differently:
| Feature | Civil SOL | Criminal SOL |
|---|---|---|
| Who files? | The injured party (plaintiff) | Government prosecutors |
| Purpose | Compensation for harm | Punishment / public protection |
| Murder/serious felonies | N/A (civil case) | Often no statute (no SOL) |
| Waivable by defendant? | Yes | Generally no |
These two legal concepts are often confused but are importantly different:
StatuteLimits.com provides deadline information organized two ways:
Yes. Every state sets its own statutes of limitations, and they vary significantly. For example, personal injury deadlines range from 1 year in Kentucky and Tennessee to 6 years in Maine and North Dakota. Written contract deadlines range from 3 years to 15 years. Always check the specific law for the state where your claim arose.
The defendant can waive the statute of limitations by failing to raise it as a defense. Parties can sometimes contractually agree to shorter limitations periods. Courts can extend deadlines through tolling in specific circumstances (minors, mental incapacity, fraudulent concealment). However, you cannot unilaterally extend the deadline — you must file or demonstrate a valid tolling doctrine applies.
As a general rule, the statute of limitations of the state where the injury occurred governs. But in multi-state situations, courts apply complex "choice of law" analysis. If your incident crossed state lines, consult an attorney to determine which state's law applies before calculating your deadline.
Yes. Federal claims often have their own limitations periods set by federal statute. For example, Section 1983 civil rights claims borrow the forum state's personal injury period. Federal tort claims against the federal government are governed by the Federal Tort Claims Act, which has its own rules and notice requirements. Federal contract and fraud claims vary by statute.
Use our free tools to find the exact statute of limitations that applies to your situation.
Additional resources: The American Bar Association provides materials on civil procedure and filing deadlines at americanbar.org.
The beginner's guide to filing deadlines.
When the SOL clock actually starts.
When the deadline pauses.
Options that may still exist.
The hard deadline that can't be extended.
Special notice requirements.
How the clock works for under-18 plaintiffs.
All 50 states with citations.
Discovery rule and repose caps.
Written vs oral contract deadlines.
2-year personal injury deadline.
2-year personal injury deadline.
2-year personal injury deadline.
3-year personal injury deadline.
2-year personal injury deadline.
2-year personal injury deadline.