Every state enforces strict filing deadlines—known as statutes of limitations—that determine how long an individual has to bring a claim after an injury, loss, or alleged wrongdoing. Missing the deadline can permanently terminate your right to seek compensation or defend yourself.
Let’s understand what statutes of limitations are, how they influence your legal case, and how these deadlines differ across states and types of claims.
A statute of limitations is a written law that establishes a legal deadline limiting the amount of time that a person has to file a lawsuit after a harmful event. These laws exist to promote fairness: evidence becomes harder to verify with time, witnesses move or forget details, and defendants deserve protection from claims brought long after an incident.
Statutes of limitations apply to both civil and criminal cases, but the timelines vary greatly. Most states have their own statutes setting forth deadlines for claims relating to personal injury, breach of contract, property damage, medical malpractice, fraud, wrongful death, and other matters.
While every state sets its own deadlines, most follow general time ranges for common cases:
| Type of Legal Claim | Typical Statute of Limitations (General Range) | Examples of States / Notes |
|---|---|---|
| Personal Injury | 2–3 years | 2 years: Texas, Georgia, Ohio · 3 years: California, New York, Colorado |
| Medical Malpractice | 1–2 years from discovery of the injury | 1 year: Tennessee, Louisiana, Kentucky · 2 years: Florida, Illinois, Indiana |
| Breach of Contract | 3–6 years (oral vs. written) | 3–4 years: California, Arizona, Colorado · 5–6 years: New York, Massachusetts, Delaware |
| Property Damage | 3–5 years | 3 years: North Carolina, South Carolina, Massachusetts · 5 years: Missouri, Arkansas |
| Wrongful Death | 2 years | Common in Texas, Pennsylvania, Illinois, Georgia, and Ohio; some states allow exceptions for the discovery rule (discussed below) or medical malpractice-related deaths |
Important: Certain claims—such as fraud, toxic exposure, and sexual assault—may have longer or special limitation periods depending on the jurisdiction.
You must always determine which state statute of limitations applies to your claim. Depending on the facts of your case, that might not always be the law of the state where you live.
In some situations, the statute of limitations may be paused or extended. This process is commonly known as tolling. Common situations where the statute of limitations may be tolled include:
Failing to file a claim within the time period permitted by the statute of limitations deadline can have severe consequences. Courts can dismiss the case outright, even if the evidence is strong. Insurance companies may also deny claims that are filed after the statutory period has expired.
In criminal cases, expiration of the statute may prevent prosecution for certain offenses, although serious crimes—such as homicide—typically have no statute of limitations.
Whether civil or criminal, losing your right to file or defend a case because of a missed deadline is permanent and often irreversible.
Read Also: Understanding Criminal Negligence
Identifying the correct statute of limitations is not always straightforward. Different claims arising from the same event may follow different deadlines, and tolling rules can be complex.
A knowledgeable attorney can determine which deadlines apply, calculate them accurately, and identify any exceptions that may extend your time to file.
If you believe you have a civil claim, or you have been threatened with criminal prosecution, consult an experienced attorney as soon as possible. Prompt legal guidance is the safest way to protect your rights and ensure your case is filed on time.