Statute of Limitations: Selected State Guides

Start with a state guide, then verify the current statute and court rules for your claim. Filing periods can change based on the parties, the date a claim accrued, discovery rules, tolling, statutes of repose, and special notice requirements.

What Is the Statute of Limitations?

The statute of limitations is a law that sets the maximum time after a specific event within which legal proceedings may be initiated. In simple terms, it is the deadline for filing a lawsuit. Once the statute of limitations expires, the injured party generally loses the right to seek compensation through the court system.

Every U.S. jurisdiction has limitation periods for different types of claims. The applicable deadline depends on more than the state and a broad claim label: the parties, facts, accrual date, choice-of-law rules, government-claim procedures, and court orders may also matter.

Key point: Do not select a deadline from a summary table. Identify the controlling law, determine when the claim accrued, and check for any shorter notice period or statute of repose. A lawyer can help with a fact-specific analysis.

Published State Guides

We currently publish detailed educational guides for the states below. We intentionally do not show a one-number-per-claim comparison table because a broad label such as “personal injury” or “contract” is not enough to determine a reliable filing deadline.

How to use these guides: Treat a guide as a research starting point. Follow its citations to official statutes or court resources, confirm that the law is current, and get legal advice when a real filing deadline is at stake.

Statute of Limitations by Case Type

Different legal claims can follow different accrual and deadline rules. The descriptions below explain the issues to research; they are not deadline estimates.

Personal Injury

Personal injury claims can arise from negligence, intentional acts, defective products, or other theories. The correct period may depend on the defendant, type of injury, discovery rule, and whether a separate statute of repose applies.

Contract Disputes

Contract disputes can involve written contracts, oral agreements, sales contracts, leases, or account obligations. The agreement, governing law, breach date, and claim pleaded can affect the applicable period.

Medical Malpractice

Medical malpractice claims often have special accrual rules, statutes of repose, pre-suit notices, screening requirements, and rules for minors or foreign objects. Those requirements must be checked separately from a general negligence statute.

Debt Collection

Debt cases may be analyzed as a written contract, oral contract, open account, promissory note, or judgment. A payment, acknowledgment, judgment renewal, or choice-of-law issue may affect the result, so avoid relying on a generic “debt” deadline.

Property Damage

Property damage claims can concern real property, personal property, trespass, nuisance, conversion, or another theory. The nature of the property and the alleged conduct can change both accrual and the governing statute.

Wrongful Death

Wrongful-death claims are statutory and can have rules about eligible plaintiffs, accrual, beneficiaries, survival claims, and defendants. Check the current statute for the jurisdiction rather than borrowing a personal-injury deadline.

Fraud

Fraud claims may involve discovery-based accrual, reasonable-diligence questions, concealment, and competing contract or statutory theories. The facts and the specific cause of action matter.

Crimes With No Statute of Limitations

Some criminal offenses may be prosecuted without a limitation period, while others have offense-specific periods or exceptions. The result depends on the federal or state law in effect and can also depend on the victim, offense date, charging statute, and tolling rules.

  • The exact homicide offense and jurisdiction
  • Whether a federal offense is punishable by death
  • Offense-specific federal terrorism provisions
  • Offense-specific trafficking provisions
  • State rules governing sexual offenses and the age of the victim

Do not infer a criminal limitation period from the offense's everyday label. Check the charging statute and current limitations chapter for the jurisdiction.

When Does the Clock Start?

The statute of limitations clock does not always start on the date of the incident. Different rules apply depending on the circumstances:

Date of Injury (Standard Rule)

Some claims accrue on the date of injury, breach, or another legally defined event. The statute and controlling cases determine accrual; an everyday understanding of when the dispute began may not control.

Discovery Rule

The discovery rule delays the start of the clock until the plaintiff discovered, or reasonably should have discovered, the injury. This is commonly applied in:

  • Medical malpractice (e.g., a surgical instrument left inside a patient)
  • Toxic exposure cases (e.g., asbestos-related diseases that develop years later)
  • Fraud cases (where the victim did not immediately know they were defrauded)

Date of Majority (Minors)

Some jurisdictions toll certain claims during minority, but exceptions can apply to medical, government, wrongful-death, repose, and other claims. Verify both the age-of-majority rule and the claim-specific statute.

Can the Statute of Limitations Be Extended?

Some laws allow a limitation period to be tolled (paused), delayed, or calculated differently in defined circumstances. Depending on the jurisdiction and claim, issues to research may include:

  • Minority or a legally defined incapacity
  • A discovery-based accrual rule
  • Fraudulent concealment or another statutory tolling rule
  • A party's absence when the statute makes absence relevant
  • Applicable federal protections or bankruptcy provisions

Warning: Tolling doctrines are complex and fact-specific. Do not assume the statute of limitations has been extended in your case without consulting an attorney. Courts apply these doctrines narrowly.

Statute of Repose vs. Statute of Limitations

The statute of repose is related to but distinct from the statute of limitations:

Statute of LimitationsStatute of Repose
TriggerDate of injury or discoveryDate of the act (e.g., construction completion, product manufacture)
Can be tolled?Sometimes, if controlling law allowsOften more restrictive; check statutory exceptions
PurposeProtect defendants from stale claimsProvide certainty for industries (construction, manufacturing)
Research questionWhen did this claim legally accrue?What event starts the outside period?

A limitations period and a statute of repose can apply to the same dispute. Identify and analyze both rather than assuming that a discovery rule extends an outside repose period.

What Happens If the Statute of Limitations Expires?

If an applicable limitation period expires before filing, the defendant may raise it as a defense. Possible consequences include:

  • Dismissal of a claim if the defense applies and no exception is established
  • Loss of an otherwise available judicial remedy
  • Additional cost and uncertainty litigating accrual or tolling

Accrual, tolling, waiver, and procedural rules are fact-specific. Seek timely advice rather than waiting for a disputed deadline.

Frequently Asked Questions

What is the statute of limitations?
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the injured party generally loses the right to sue. The time period varies by state and by the type of claim.
How long is the statute of limitations?
There is no single filing period. The deadline can depend on the jurisdiction, claim, parties, accrual date, discovery rule, tolling, a statute of repose, and special notice requirements. Verify the current statute and procedural rules that apply to your facts.
What crimes have no statute of limitations?
In the United States, certain serious crimes have no statute of limitations, meaning prosecutors can file charges at any time. These typically include murder, certain federal offenses involving terrorism or sex trafficking, and in many states, certain sexual offenses against children. The specific crimes vary by state and federal law.
Can the statute of limitations be extended?
Yes, under certain circumstances the statute of limitations can be tolled (paused or extended). Common reasons include: the plaintiff is a minor, the plaintiff lacks mental capacity, the defendant has left the state, the discovery rule applies (the injury was not discovered immediately), or fraud or concealment by the defendant prevented timely filing.
What happens if the statute of limitations expires?
If the statute of limitations expires, you generally lose the right to file a lawsuit for that claim. The defendant can raise the statute of limitations as an affirmative defense, and the court will likely dismiss the case. There are limited exceptions, such as tolling doctrines, but these are difficult to prove.
What is the statute of limitations for debt?
The statute of limitations for debt varies by state and by the type of debt (written contract, oral contract, open account, or promissory note). It typically ranges from 3 to 10 years. After the statute of limitations expires, debt collectors can still attempt to collect, but they cannot successfully sue you. Be aware that making a payment or acknowledging the debt may restart the clock in some states.
What is the difference between statute of limitations and statute of repose?
The statute of limitations begins when the injury is discovered or should have been discovered. The statute of repose begins on a specific event, such as the date of the act that caused the injury, regardless of when the injury was discovered. A statute of repose is an absolute deadline that cannot be tolled or extended in most cases.
Does the statute of limitations apply to criminal cases?
Yes, criminal cases generally have a statute of limitations, but the time periods are different from civil cases. For federal crimes, the general statute of limitations is 5 years. However, serious crimes such as murder, terrorism, and certain sex offenses have no statute of limitations. State criminal statutes of limitations vary widely.

Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws vary by state and are subject to change. Special rules may apply depending on the specific facts of your case. Always consult with a qualified attorney in your jurisdiction for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.