Statute of Limitations: Time Limits for Legal Claims

Every legal claim has a deadline. Miss it, and you lose your right to sue forever—even if you have overwhelming evidence and were clearly wronged. Understanding statutes of limitations is essential before pursuing any legal action, whether through a demand letter, small claims court, or civil litigation. The Cornell Law School Legal Information Institute offers comprehensive explanations of these legal time limits and their applications.

This guide covers filing deadlines for all major claim types, state-by-state variations, exceptions that can extend or shorten your window, and strategies to protect your rights before time runs out.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Once this period expires, the claim is "time-barred" and cannot be pursued in court. These laws exist to:

• Ensure fairness: Defendants shouldn't face claims after evidence has deteriorated and witnesses' memories have faded
• Promote certainty: People and businesses need to know when potential liability has ended
• Encourage diligence: Plaintiffs should pursue valid claims promptly
• Preserve judicial resources: Courts shouldn't adjudicate stale claims

Statute of Limitations by Claim Type

Different types of legal claims have different deadlines. Here's a comprehensive overview:

Contract Claims

Contract Type	Typical Range	Notes
Written contracts	4-6 years	Some states up to 10-15 years
Oral contracts	2-4 years	Generally shorter than written
UCC sales (goods)	4 years	UCC § 2-725; can be reduced to 1 year by agreement
Lease agreements	4-6 years	Follows written contract rules
Promissory notes	6 years	UCC § 3-118; negotiable instruments

Personal Injury Claims

Injury Type	Typical Range	Special Considerations
General personal injury	2-3 years	Car accidents, slip and fall, assault
Medical malpractice	1-3 years	Often has "discovery rule" and caps
Product liability	2-4 years	Statute of repose may apply (10-12 years)
Wrongful death	1-3 years	From date of death, not injury
Defamation/libel	1-3 years	Often shorter; "single publication rule"
Intentional torts	1-2 years	Battery, false imprisonment, IIED

Property Claims

Claim Type	Typical Range	Notes
Property damage	3-6 years	Vehicle damage, building damage
Trespass	2-5 years	Each trespass may restart clock
Conversion (theft)	2-6 years	Demand and refusal may start clock
Quiet title actions	No limit (often)	But adverse possession has time limits
Construction defects	3-10 years	Often tied to statute of repose

Employment Claims

Claim Type	Deadline	Notes
FLSA wage claims	2-3 years	3 years if willful; 29 U.S.C. § 255
State wage claims	2-4 years	California: 3-4 years
Title VII discrimination	180-300 days	EEOC filing deadline; 42 U.S.C. § 2000e-5
ADA discrimination	180-300 days	Same as Title VII; EEOC required
ADEA (age)	180-300 days	29 U.S.C. § 626(d)
Section 1981 (race)	4 years	No EEOC required; 42 U.S.C. § 1981
FMLA violations	2-3 years	3 years if willful; 29 U.S.C. § 2617
Wrongful termination	1-3 years	State law dependent

Consumer and Debt Claims

Claim Type	Deadline	Legal Authority
FDCPA violations	1 year	15 U.S.C. § 1692k(d)
FCRA violations	2 years/5 years	15 U.S.C. § 1681p; discovery/occurrence
TILA violations	1 year	15 U.S.C. § 1640(e)
Credit card debt collection	3-6 years	State contract law applies
Medical debt collection	3-6 years	Oral or written contract rules
Security deposit claims	2-6 years	State landlord-tenant law

State-by-State Comparison

Statutes of limitations vary significantly by state. Here are the deadlines for the most common claim types across major states:

State	Written K	Oral K	Personal Injury	Property
California	4 years	2 years	2 years	3 years
Texas	4 years	4 years	2 years	2 years
New York	6 years	6 years	3 years	3 years
Florida	5 years	4 years	4 years	4 years
Illinois	10 years	5 years	2 years	5 years
Pennsylvania	4 years	4 years	2 years	2 years
Ohio	8 years	6 years	2 years	4 years
Georgia	6 years	4 years	2 years	4 years
Michigan	6 years	6 years	3 years	3 years
North Carolina	3 years	3 years	3 years	3 years

When the Clock Starts: Accrual Rules

Determining when the statute of limitations begins running ("accrues") is often more complex than identifying the deadline itself:

1. Occurrence Rule (Default)

The clock starts when the injury or breach occurs, regardless of when you discover it. This is the traditional rule that applies to most claims.

• Contract breach: When performance was due but not delivered
• Physical injury: When the accident happened
• Property damage: When the damage occurred

2. Discovery Rule

The clock starts when you discover (or reasonably should have discovered) the injury. This rule commonly applies to:

• Medical malpractice: When you discover the negligence caused harm
• Fraud: When you discover (or should have discovered) the deception
• Latent defects: When hidden damage becomes apparent
• Professional malpractice: When the error and resulting harm are discovered

3. Continuing Violation Doctrine

When wrongful conduct is ongoing (not a single incident), the clock may restart with each new violation. Common applications:

• Nuisance: Each day of ongoing nuisance is a new violation
• Wage violations: Each underpaid paycheck may restart the clock
• Discrimination: Pattern of harassment (limited—requires more than isolated incidents)
• Breach of fiduciary duty: Ongoing mismanagement

4. Demand and Refusal Rule

For some claims, the statute doesn't run until you demand performance and the other party refuses. Examples:

• Conversion: Clock starts when you demand return of property and it's refused
• Trust claims: Beneficiary must demand accounting
• Bailment: Demand return of property first

Tolling: When the Clock Pauses

"Tolling" means the statute of limitations is paused (stopped) for a period of time. Common tolling situations include:

Defendant Absence

If the defendant leaves the state or conceals their whereabouts, the statute may toll. Under New York CPLR § 207, for example, time spent outside the state doesn't count against the limitations period.

Plaintiff Disability

The statute may toll while the plaintiff is:

• A minor: Clock typically starts when the person turns 18
• Mentally incapacitated: Unable to understand legal rights
• In prison: Some states toll for incarceration

Tolling Reason	Effect	Limitations
Minority (under 18)	Tolled until 18th birthday	Some states have maximum extensions
Mental incapacity	Tolled until capacity regained	Must prove legal incapacity
Defendant concealment	Tolled while defendant hidden	Must show active concealment
Defendant out of state	Tolled for time absent	Long-arm statutes may eliminate
Bankruptcy stay	Tolled during automatic stay	11 U.S.C. § 108(c)
Fraudulent concealment	Tolled until fraud discovered	Must show affirmative concealment

Equitable Tolling

Courts may toll the statute when the plaintiff:

• Actively pursued their rights but filed in the wrong forum
• Was misled by the defendant about the deadline
• Could not have discovered the claim despite diligence

Equitable tolling is discretionary and requires extraordinary circumstances. Courts are reluctant to apply it because statutes of limitations exist for good reasons.

Statute of Repose: The Outer Limit

A statute of repose is different from a statute of limitations. It sets an absolute outer deadline measured from a specific event (like completion of construction), regardless of when injury occurs or is discovered:

Type	Typical Period	Measured From
Construction defects	6-12 years	Substantial completion of work
Product liability	10-15 years	Date of first sale or manufacture
Medical devices	10-12 years	Date of implant or sale
Architectural services	10 years	Completion of services

Special Rules for Government Claims

Claims against government entities have special (usually much shorter) deadlines:

Federal Government (Federal Tort Claims Act)

• Administrative claim: 2 years from injury; 28 U.S.C. § 2401(b)
• Lawsuit after denial: 6 months from denial
• Required: Must file administrative claim first—cannot skip to court

State and Local Government

Many states require filing a claim or notice before suing:

State	Notice Deadline	Authority
California	6 months (injury), 1 year (property)	Cal. Gov. Code § 911.2
New York	90 days (NYC), varies (state)	NY Gen. Mun. Law § 50-e
Texas	6 months	Tex. Civ. Prac. & Rem. Code § 101.101
Florida	3 years (but shorter for notice)	Fla. Stat. § 768.28
Illinois	1 year	745 ILCS 10/8-101

Contract Provisions That Affect Deadlines

Contracts can sometimes modify statutes of limitations:

Shortening the Period

Many contracts include clauses shortening the statute of limitations. Courts generally uphold reasonable shortenings:

• UCC sales: Can be reduced to 1 year minimum (UCC § 2-725)
• Insurance claims: Often limited to 1-2 years from loss
• Construction contracts: May specify shorter periods

Extending the Period

Contracts generally cannot extend statutes of limitations, but parties can sign written agreements to toll (pause) the running period. These "tolling agreements" are common during settlement negotiations.

Acknowledgment and Revival

In some states, a debtor's written acknowledgment of debt or partial payment can restart (revive) an expired statute of limitations. However, many states have eliminated revival doctrines.

Protecting Your Rights: Step-by-Step

1. Identify when the incident occurred: Note the exact date of injury, breach, or wrongdoing
2. Research your state's deadline: Find the specific statute for your claim type
3. Determine the accrual date: When did the clock start? Consider discovery rules
4. Check for tolling: Any factors that might have paused the clock?
5. Consider statute of repose: Is there an outer limit that applies?
6. Check for contractual modifications: Does your contract shorten the period?
7. Government claims: Are there special notice requirements?
8. Build in safety margin: Plan to file well before the deadline

Demand Letters and Statutes of Limitations

Sending a demand letter generally does NOT extend or toll the statute of limitations. However, demand letters serve important functions:

• Creates evidence: Shows you asserted your rights before the deadline
• May lead to tolling agreement: The other party may agree to pause the clock during negotiations
• Accelerates resolution: May settle without needing to file suit
• Preserves evidence: Gets the other party to preserve documents

Requesting a Tolling Agreement

If your deadline is approaching during negotiations, you can request a tolling agreement. Include language like:

What If the Deadline Has Passed?

If you believe the statute of limitations has expired, don't give up without consulting an attorney. Several doctrines may save your claim:

Potential Arguments

• Discovery rule: The clock started when you discovered (or should have discovered) the injury
• Fraudulent concealment: The defendant hid facts that would have revealed the claim
• Continuing violation: Each new incident restarts the clock
• Equitable estoppel: The defendant's conduct prevented you from filing
• Minority or disability: You were under 18 or incapacitated
• Calculation error: Your deadline may be later than you think

Alternative Remedies

Even if civil court is closed, other options may exist:

• Regulatory complaints: Some agencies have longer or no deadlines
• Professional licensing boards: May act regardless of civil statute
• Bankruptcy claims: Different rules in bankruptcy proceedings
• Informal resolution: The other party may not assert the defense

Frequently Asked Questions

Does sending a demand letter stop the statute of limitations?

No. Sending a demand letter does not toll or extend the statute of limitations. The clock keeps running until you file suit or both parties sign a written tolling agreement. However, a demand letter can lead to quick settlement, making the deadline moot.

What if I file suit just before the deadline expires?

Filing suit (properly) stops the statute of limitations. However, you must ensure proper service of process within the time allowed by court rules. In some states, improper service can result in dismissal even if you filed on time.

Can the defendant waive the statute of limitations defense?

Yes. The statute of limitations is an "affirmative defense" that defendants must raise. If they fail to raise it in their answer or by motion, they may waive it. However, don't count on this—most defendants (especially with lawyers) raise all available defenses.

Does filing in small claims court have the same deadline?

Yes. The statute of limitations applies equally to small claims court and regular civil court. You must file your claim before the deadline expires, regardless of which court you use.

What if I discover the injury after the deadline has passed?

The discovery rule may help. In many cases, particularly fraud, medical malpractice, and latent defects, the statute doesn't start running until you discover (or should have discovered) the injury. However, you must prove you exercised reasonable diligence.

Do statutes of limitations apply to criminal cases too?

Yes, but criminal statutes of limitations are different from civil ones. Some serious crimes (like murder) have no statute of limitations. Criminal deadlines don't affect your right to pursue civil claims—they're separate.

If the defendant leaves the state, does that extend my deadline?

In some states, yes. Traditional tolling rules pause the statute while the defendant is absent from the state. However, modern "long-arm" statutes often eliminate this tolling because you can sue out-of-state defendants. Check your state's specific rules.