Understanding Statute of Limitations
The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. Once this deadline passes, you generally lose the right to sue forever, regardless of how strong your case might be. These time limits vary significantly by state and type of claim, making it crucial to understand your specific deadline.
⚠️ Critical Warning
Never wait until close to the deadline to file a lawsuit. Calculating the exact deadline can be complex due to various exceptions and tolling provisions. Missing the deadline by even one day can be fatal to your case. Always consult with an attorney well before any potential deadline.
Quick Jump to Your State
Quick Reference Table
| State | Personal Injury | Medical Malpractice | Property Damage | Written Contract | Oral Contract | Wrongful Death |
|---|---|---|---|---|---|---|
| Alabama | 2 years | 2 years | 6 years | 6 years | 6 years | 2 years |
| Alaska | 2 years | 2 years | 6 years | 3 years | 3 years | 2 years |
| Arizona | 2 years | 2 years | 2 years | 6 years | 3 years | 2 years |
| Arkansas | 3 years | 2 years | 3 years | 5 years | 3 years | 3 years |
| California | 2 years | 3 years/1 year | 3 years | 4 years | 2 years | 2 years |
| Colorado | 2 years | 2 years | 2 years | 3 years | 3 years | 2 years |
| Connecticut | 2 years | 2 years | 2 years | 6 years | 3 years | 2 years |
| Delaware | 2 years | 2 years | 2 years | 3 years | 3 years | 2 years |
| Florida | 2 years | 2 years | 4 years | 5 years | 4 years | 2 years |
| Georgia | 2 years | 2 years | 4 years | 6 years | 4 years | 2 years |
| Hawaii | 2 years | 2 years | 2 years | 6 years | 6 years | 2 years |
| Idaho | 2 years | 2 years | 3 years | 5 years | 4 years | 2 years |
| Illinois | 2 years | 2 years | 5 years | 10 years | 5 years | 2 years |
| Indiana | 2 years | 2 years | 2 years | 10 years | 6 years | 2 years |
| Iowa | 2 years | 2 years | 5 years | 10 years | 5 years | 2 years |
| Kansas | 2 years | 2 years | 2 years | 5 years | 3 years | 2 years |
| Kentucky | 1 year | 1 year | 2 years | 10 years | 5 years | 1 year |
| Louisiana | 1 year | 1 year | 1 year | 10 years | 10 years | 1 year |
| Maine | 6 years | 3 years | 6 years | 6 years | 6 years | 2 years |
| Maryland | 3 years | 3 years | 3 years | 3 years | 3 years | 3 years |
| Massachusetts | 3 years | 3 years | 3 years | 6 years | 6 years | 3 years |
| Michigan | 3 years | 2 years | 3 years | 6 years | 6 years | 3 years |
| Minnesota | 2 years | 2 years | 6 years | 6 years | 6 years | 3 years |
| Mississippi | 3 years | 2 years | 3 years | 3 years | 3 years | 3 years |
| Missouri | 5 years | 2 years | 5 years | 10 years | 5 years | 3 years |
| Montana | 3 years | 3 years | 2 years | 8 years | 5 years | 3 years |
| Nebraska | 4 years | 2 years | 4 years | 5 years | 4 years | 2 years |
| Nevada | 2 years | 3 years | 3 years | 6 years | 4 years | 2 years |
| New Hampshire | 3 years | 2 years | 3 years | 3 years | 3 years | 3 years |
| New Jersey | 2 years | 2 years | 6 years | 6 years | 6 years | 2 years |
| New Mexico | 3 years | 3 years | 4 years | 6 years | 4 years | 3 years |
| New York | 3 years | 2.5 years | 3 years | 6 years | 6 years | 2 years |
| North Carolina | 3 years | 3 years | 3 years | 3 years | 3 years | 2 years |
| North Dakota | 6 years | 2 years | 6 years | 6 years | 6 years | 2 years |
| Ohio | 2 years | 1 year | 2 years | 8 years | 6 years | 2 years |
| Oklahoma | 2 years | 2 years | 2 years | 5 years | 3 years | 2 years |
| Oregon | 2 years | 2 years | 6 years | 6 years | 6 years | 3 years |
| Pennsylvania | 2 years | 2 years | 2 years | 4 years | 4 years | 2 years |
| Rhode Island | 3 years | 3 years | 10 years | 10 years | 10 years | 3 years |
| South Carolina | 3 years | 3 years | 3 years | 3 years | 3 years | 3 years |
| South Dakota | 3 years | 2 years | 6 years | 6 years | 6 years | 3 years |
| Tennessee | 1 year | 1 year | 3 years | 6 years | 6 years | 1 year |
| Texas | 2 years | 2 years | 2 years | 4 years | 4 years | 2 years |
| Utah | 4 years | 2 years | 3 years | 6 years | 4 years | 2 years |
| Vermont | 3 years | 3 years | 3 years | 6 years | 6 years | 2 years |
| Virginia | 2 years | 2 years | 5 years | 5 years | 3 years | 2 years |
| Washington | 3 years | 3 years | 3 years | 6 years | 3 years | 3 years |
| West Virginia | 2 years | 2 years | 2 years | 10 years | 5 years | 2 years |
| Wisconsin | 3 years | 3 years | 6 years | 6 years | 6 years | 3 years |
| Wyoming | 4 years | 2 years | 4 years | 10 years | 8 years | 2 years |
State-by-State Details
Alabama
Special Notes: Alabama has a strict 4-year statute of repose for medical malpractice. Claims against municipalities require notice within 6 months.
California
Special Notes: California requires 90-day notice for medical malpractice claims. Government entity claims require filing within 6 months.
Florida
Special Notes: Florida recently changed personal injury statute from 4 to 2 years (2023). Pre-suit notice required for medical malpractice.
New York
Special Notes: New York has unique 2.5-year period for medical malpractice. Notice of claim required within 90 days for municipal entities.
Texas
Special Notes: Texas requires 60-day pre-suit notice for medical malpractice claims. Governmental entities require notice within 6 months.
Important Exceptions and Special Rules
Discovery Rule
Many states apply the "discovery rule" for certain claims, particularly medical malpractice and fraud. This means the statute of limitations doesn't begin until you discover (or reasonably should have discovered) the injury. However, most states also have an absolute deadline called a "statute of repose."
Minors and Incapacity
If the injured party is a minor (under 18), most states toll (pause) the statute of limitations until they reach the age of majority. Similar rules often apply to individuals who are mentally incapacitated.
Defendant's Absence
If the defendant leaves the state after the cause of action accrues, many states toll the statute of limitations during their absence.
Government Claims
Claims against government entities often have much shorter deadlines and require special notice procedures. These can be as short as 30-180 days from the incident.
Continuous Treatment Doctrine
In medical malpractice cases, some states extend the deadline if there's continuous treatment for the same condition by the same provider.
Criminal vs. Civil Cases
This guide covers civil statutes of limitations. Criminal cases have different deadlines, with serious crimes like murder typically having no statute of limitations.
Calculate Your Specific Deadline
Use our interactive calculator to determine your exact statute of limitations deadline based on your case type and state.
Statute of Limitations CalculatorKey Takeaways
- Act Quickly: Never wait to consult an attorney - deadlines can be shorter than listed due to special circumstances
- State Variations: Time limits vary dramatically between states - from 1 year to 6+ years for the same type of claim
- Type Matters: Different types of claims have different deadlines even within the same state
- Exceptions Exist: Various factors can extend or shorten the standard deadline
- Government Different: Claims against government entities often have much shorter deadlines
- Absolute Bar: Missing the deadline typically means losing your right to sue forever
Frequently Asked Questions
What happens if I miss the statute of limitations?
Missing the statute of limitations deadline typically bars your claim forever. The defendant can file a motion to dismiss based on the expired statute, which courts will almost always grant. There are very few exceptions, making it crucial to act before the deadline.
When does the statute of limitations start running?
Generally, the clock starts on the date of injury or when the breach occurred. However, some states apply the "discovery rule" for certain claims, starting the clock when you discovered or should have discovered the harm.
Can the statute of limitations be extended by agreement?
In some cases, parties can agree to extend the statute of limitations through a written tolling agreement. This is common during settlement negotiations. However, some claims (like those against government entities) cannot be extended by agreement.
Does filing a complaint stop the statute of limitations?
Yes, properly filing a lawsuit in court before the deadline stops the statute of limitations from running. However, you must also properly serve the defendant within the time required by your state's rules (usually 60-120 days).
Are there different deadlines for insurance claims?
Insurance policies often have their own deadlines for filing claims, which may be shorter than the legal statute of limitations. Always check your policy and comply with both insurance deadlines and legal deadlines.