A statute of limitations is a law that sets the maximum time after an event during which you can start a lawsuit. If you wait too long, the court can dismiss your case no matter how strong it is.
Why these deadlines exist
Evidence fades, witnesses move away and memories blur. Time limits encourage people to bring claims while the facts are fresh and give defendants some certainty that old disputes will not resurface forever.
The length depends on the type of claim and the state
There is no single national deadline. Each state sets its own limits for different kinds of cases, and the length differs for personal injury, property damage, written contracts, oral agreements and other claims. Some states allow only one or two years for certain claims, while others allow several more.
Claims against government agencies often have much shorter notice periods, sometimes only months, so check those rules immediately.
When the clock starts
In many cases the clock starts on the date of the event. In others, such as injuries not discovered right away, the clock may start when you discovered or reasonably should have discovered the harm. Special rules can pause, or toll, the deadline for minors or in other situations.
What to do
- Write down the date of the event as soon as it happens.
- Look up your state's deadline for your type of claim, or ask a lawyer.
- Do not rely on ongoing negotiations with an insurer. Talks do not stop the clock.
- File before the deadline, even if settlement talks are still going.
Frequently asked questions
Can a statute of limitations be extended?
Sometimes, under tolling rules or by agreement, but you should never count on it. Treat the published deadline as final.
Does it apply to criminal cases too?
Yes. Criminal charges also have time limits, though many serious crimes such as murder have none.