Statute of Limitations: How Long You Have to Sue by State
A comprehensive guide to the statute of limitations across all 50 states and major case types. Find out how long you have to file a lawsuit for personal injury, contract disputes, medical malpractice, debt collection, and more.
Table of Contents
- What Is the Statute of Limitations?
- Statute of Limitations by State
- Statute of Limitations by Case Type
- Crimes With No Statute of Limitations
- When Does the Clock Start?
- Can the Statute of Limitations Be Extended?
- Statute of Repose vs. Statute of Limitations
- What Happens If the Deadline Expires?
- Frequently Asked Questions
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. state has its own statute of limitations for different types of claims. The time limit depends on two factors: the state where you file and the type of legal claim. For example, personal injury claims may have a 2-year deadline in one state and a 3-year deadline in another. Contract disputes may allow 4 years in one state and 6 years in another.
Key point: The statute of limitations clock typically starts on the date the injury occurred or the date the injury was discovered (or should have been discovered). Missing this deadline usually means your case will be dismissed.
Statute of Limitations by State
Below is an overview of the statute of limitations for major civil claim types across all 50 states and Washington, D.C. Time periods are shown in years. Click on any state for a detailed breakdown including additional claim types and special rules.
| State | Personal Injury | Written Contract | Property Damage | Medical Malpractice | Debt Collection |
|---|---|---|---|---|---|
| Alabama | 2 years | 6 years | 6 years | 2 years | 6 years |
| Alaska | 2 years | 3 years | 6 years | 2 years | 3 years |
| Arizona | 2 years | 6 years | 2 years | 2 years | 6 years |
| Arkansas | 3 years | 5 years | 3 years | 2 years | 3 years |
| California | 2 years | 4 years | 3 years | 1 year | 4 years |
| Colorado | 2 years | 3 years | 3 years | 2 years | 3 years |
| Connecticut | 2 years | 6 years | 3 years | 2 years | 6 years |
| Delaware | 2 years | 3 years | 2 years | 2 years | 3 years |
| Florida | 2 years | 5 years | 4 years | 2 years | 5 years |
| Georgia | 2 years | 6 years | 4 years | 2 years | 6 years |
| Hawaii | 2 years | 6 years | 6 years | 2 years | 6 years |
| Idaho | 2 years | 5 years | 3 years | 2 years | 4 years |
| Illinois | 2 years | 10 years | 5 years | 2 years | 10 years |
| Indiana | 2 years | 10 years | 6 years | 2 years | 6 years |
| Iowa | 2 years | 10 years | 5 years | 2 years | 10 years |
| Kansas | 2 years | 5 years | 3 years | 2 years | 3 years |
| Kentucky | 1 year | 15 years | 2 years | 1 year | 10 years |
| Louisiana | 1 year | 10 years | 5 years | 1 year | 10 years |
| Maine | 6 years | 6 years | 6 years | 3 years | 6 years |
| Maryland | 3 years | 3 years | 3 years | 3 years | 3 years |
| Massachusetts | 3 years | 6 years | 3 years | 3 years | 6 years |
| Michigan | 3 years | 6 years | 3 years | 2 years | 6 years |
| Minnesota | 2 years | 6 years | 6 years | 4 years | 6 years |
| Mississippi | 3 years | 3 years | 3 years | 2 years | 3 years |
| Missouri | 2 years | 10 years | 5 years | 2 years | 5 years |
| Montana | 3 years | 8 years | 2 years | 3 years | 8 years |
| Nebraska | 4 years | 5 years | 4 years | 2 years | 4 years |
| Nevada | 2 years | 6 years | 3 years | 3 years | 6 years |
| New Hampshire | 3 years | 3 years | 6 years | 2 years | 3 years |
| New Jersey | 2 years | 6 years | 6 years | 2 years | 6 years |
| New Mexico | 3 years | 6 years | 4 years | 3 years | 6 years |
| New York | 3 years | 6 years | 3 years | 2.5 years | 6 years |
| North Carolina | 3 years | 3 years | 3 years | 2 years | 3 years |
| North Dakota | 2 years | 6 years | 6 years | 2 years | 6 years |
| Ohio | 2 years | 15 years | 2 years | 1 year | 15 years |
| Oklahoma | 2 years | 5 years | 2 years | 2 years | 5 years |
| Oregon | 2 years | 6 years | 6 years | 2 years | 6 years |
| Pennsylvania | 2 years | 4 years | 2 years | 2 years | 4 years |
| Rhode Island | 3 years | 10 years | 5 years | 3 years | 10 years |
| South Carolina | 3 years | 3 years | 3 years | 3 years | 3 years |
| South Dakota | 3 years | 6 years | 6 years | 2 years | 6 years |
| Tennessee | 1 year | 6 years | 3 years | 1 year | 6 years |
| Texas | 2 years | 4 years | 2 years | 2 years | 4 years |
| Utah | 4 years | 6 years | 3 years | 2 years | 4 years |
| Vermont | 3 years | 6 years | 5 years | 3 years | 6 years |
| Virginia | 2 years | 5 years | 5 years | 2 years | 3 years |
| Washington | 3 years | 6 years | 3 years | 3 years | 6 years |
| West Virginia | 2 years | 10 years | 5 years | 2 years | 10 years |
| Wisconsin | 3 years | 6 years | 6 years | 3 years | 6 years |
| Wyoming | 4 years | 10 years | 4 years | 2 years | 10 years |
| Washington, D.C. | 3 years | 3 years | 3 years | 2 years | 3 years |
Note: This table provides general time limits for common civil claims. Special rules may apply for claims against government entities, medical malpractice involving foreign objects, cases involving minors, and other specific situations. Always consult with an attorney in your state for advice on your particular case.
Statute of Limitations by Case Type
Different types of legal claims have different time limits. Below are the most common case types and their general statute of limitations ranges across U.S. states.
Personal Injury
Personal injury claims arise from accidents, negligence, or intentional acts that cause physical or emotional harm. The statute of limitations for personal injury ranges from 1 year (Kentucky, Louisiana, Tennessee) to 6 years (Maine, North Dakota). Most states allow 2 to 3 years from the date of injury.
Contract Disputes
Contract disputes include breach of written contracts, oral agreements, and lease violations. Written contracts generally have longer time limits than oral contracts. The statute of limitations for written contracts ranges from 3 years (Delaware) to 15 years (Kentucky, Ohio). Oral contracts typically have shorter limits, often 2 to 4 years.
Medical Malpractice
Medical malpractice claims involve harm caused by a healthcare provider's negligence. Many states have special rules for medical malpractice, including shorter time limits and pre-suit requirements. The statute of limitations ranges from 1 year (California, Kentucky, Louisiana, Ohio) to 4 years (Minnesota, Utah). Some states have a "discovery rule" that extends the deadline if the injury was not immediately apparent.
Debt Collection
The statute of limitations for debt collection depends on the type of debt: written contract, oral contract, open-ended account (credit cards), or promissory note. Time limits range from 3 years to 15 years depending on the state and debt type. After the statute of limitations expires, collectors can still attempt to collect but cannot successfully sue. Important: Making a payment or acknowledging the debt may restart the clock in some states.
Property Damage
Property damage claims cover harm to real property (land, buildings) or personal property (vehicles, equipment). The statute of limitations typically ranges from 2 years to 6 years, depending on the state.
Wrongful Death
Wrongful death claims are filed by surviving family members when someone's death is caused by another's negligence or intentional act. The statute of limitations for wrongful death is typically 1 to 3 years from the date of death, and varies significantly by state.
Fraud
Fraud claims involve intentional misrepresentation or deception. The statute of limitations for fraud is typically 2 to 6 years, but many states apply the "discovery rule," meaning the clock starts when the fraud was discovered or should have been discovered, not when it occurred.
Crimes With No Statute of Limitations
Certain serious crimes have no statute of limitations in the United States, meaning prosecutors can file charges at any time, even decades after the crime occurred. These typically include:
- Murder and homicide — No time limit in all 50 states and under federal law
- Federal capital offenses — Crimes punishable by death have no time limit
- Terrorism — Federal terrorism charges have no statute of limitations
- Sex trafficking — Federal sex trafficking offenses have no time limit
- Sexual offenses against children — Many states have eliminated the statute of limitations for child sexual abuse, or have very long limitations periods
For other crimes, the statute of limitations varies. Most misdemeanor offenses have a 1-2 year limit, while felony offenses typically have 3-8 years depending on the severity and the state.
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)
In most cases, the clock starts on the date the injury occurred or the contract was breached. This is the simplest and most common rule.
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)
If the injured party is a minor (under 18), the statute of limitations clock typically does not start until the minor reaches the age of majority. For example, if a 15-year-old is injured, the 2-year statute of limitations may not begin until they turn 18, giving them until age 20 to file.
Can the Statute of Limitations Be Extended?
Yes. Under certain circumstances, the statute of limitations can be "tolled" (paused or extended). Common tolling doctrines include:
- Minority: The plaintiff is under 18 years old
- Mental incapacity: The plaintiff lacks the mental capacity to understand their legal rights
- Defendant's absence: The defendant has left the state or is hiding to avoid service
- Discovery rule: The injury was not discovered and could not reasonably have been discovered
- Fraudulent concealment: The defendant intentionally concealed the injury or the facts giving rise to the claim
- Military service: Under the Servicemembers Civil Relief Act, active military service may toll certain civil deadlines
- Bankruptcy automatic stay: Filing for bankruptcy pauses most collection actions and related deadlines
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 Limitations | Statute of Repose | |
|---|---|---|
| Trigger | Date of injury or discovery | Date of the act (e.g., construction completion, product manufacture) |
| Can be tolled? | Yes, in many circumstances | Generally no — it is an absolute deadline |
| Purpose | Protect defendants from stale claims | Provide certainty for industries (construction, manufacturing) |
| Example | 2 years from date of car accident | 10 years from date of building construction, regardless of when defect is discovered |
Both deadlines may apply simultaneously. For example, a construction defect claim might be subject to a 2-year statute of limitations (from discovery) AND a 10-year statute of repose (from construction completion). The earlier deadline controls.
What Happens If the Statute of Limitations Expires?
If the statute of limitations expires before you file your lawsuit, the consequences are severe:
- Case dismissal: The defendant will raise the statute of limitations as an affirmative defense, and the court will almost certainly dismiss your case
- Loss of legal remedy: You lose the right to seek compensation through the court system, regardless of how valid your claim might be
- No settlement leverage: Without the ability to sue, you have little leverage to negotiate a settlement
There are very limited exceptions, such as proving that a tolling doctrine applies. However, these exceptions are difficult to establish and require strong evidence. The safest approach is to file well before the deadline.
Frequently Asked Questions
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.