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.

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
Alabama2 years6 years6 years2 years6 years
Alaska2 years3 years6 years2 years3 years
Arizona2 years6 years2 years2 years6 years
Arkansas3 years5 years3 years2 years3 years
California2 years4 years3 years1 year4 years
Colorado2 years3 years3 years2 years3 years
Connecticut2 years6 years3 years2 years6 years
Delaware2 years3 years2 years2 years3 years
Florida2 years5 years4 years2 years5 years
Georgia2 years6 years4 years2 years6 years
Hawaii2 years6 years6 years2 years6 years
Idaho2 years5 years3 years2 years4 years
Illinois2 years10 years5 years2 years10 years
Indiana2 years10 years6 years2 years6 years
Iowa2 years10 years5 years2 years10 years
Kansas2 years5 years3 years2 years3 years
Kentucky1 year15 years2 years1 year10 years
Louisiana1 year10 years5 years1 year10 years
Maine6 years6 years6 years3 years6 years
Maryland3 years3 years3 years3 years3 years
Massachusetts3 years6 years3 years3 years6 years
Michigan3 years6 years3 years2 years6 years
Minnesota2 years6 years6 years4 years6 years
Mississippi3 years3 years3 years2 years3 years
Missouri2 years10 years5 years2 years5 years
Montana3 years8 years2 years3 years8 years
Nebraska4 years5 years4 years2 years4 years
Nevada2 years6 years3 years3 years6 years
New Hampshire3 years3 years6 years2 years3 years
New Jersey2 years6 years6 years2 years6 years
New Mexico3 years6 years4 years3 years6 years
New York3 years6 years3 years2.5 years6 years
North Carolina3 years3 years3 years2 years3 years
North Dakota2 years6 years6 years2 years6 years
Ohio2 years15 years2 years1 year15 years
Oklahoma2 years5 years2 years2 years5 years
Oregon2 years6 years6 years2 years6 years
Pennsylvania2 years4 years2 years2 years4 years
Rhode Island3 years10 years5 years3 years10 years
South Carolina3 years3 years3 years3 years3 years
South Dakota3 years6 years6 years2 years6 years
Tennessee1 year6 years3 years1 year6 years
Texas2 years4 years2 years2 years4 years
Utah4 years6 years3 years2 years4 years
Vermont3 years6 years5 years3 years6 years
Virginia2 years5 years5 years2 years3 years
Washington3 years6 years3 years3 years6 years
West Virginia2 years10 years5 years2 years10 years
Wisconsin3 years6 years6 years3 years6 years
Wyoming4 years10 years4 years2 years10 years
Washington, D.C.3 years3 years3 years2 years3 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 LimitationsStatute of Repose
TriggerDate of injury or discoveryDate of the act (e.g., construction completion, product manufacture)
Can be tolled?Yes, in many circumstancesGenerally no — it is an absolute deadline
PurposeProtect defendants from stale claimsProvide certainty for industries (construction, manufacturing)
Example2 years from date of car accident10 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

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?
The statute of limitations varies by state and by the type of case. For personal injury, it ranges from 1 year (e.g., California, Ohio) to 6 years (e.g., Maine, North Dakota). For written contracts, it ranges from 3 years (e.g., Delaware) to 15 years (e.g., Kentucky). Always check your specific state and case type.
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.