Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Every legal claim has a deadline. Miss it, and you lose your right to sue forever - no matter how valid your claim. Understanding statute of limitations is crucial for protecting your legal rights. The Cornell Law School Legal Information Institute provides detailed explanations of these legal time limits.
Time Is Critical: The statute of limitations can be as short as 6 months for government claims or 1 year for some actions. Don't assume you have time - research your specific deadline immediately.
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. After this period expires:
- You cannot file a lawsuit
- Courts will dismiss your case
- Your claim is permanently barred
- Exceptions are very rare
Common Time Limits by Claim Type
Contract Claims
- Written contracts: 4-10 years (6 years most common)
- Oral contracts: 2-6 years (shorter than written)
- UCC (sales of goods): 4 years
Personal Injury
- Most states: 2-3 years
- California: 2 years
- New York: 3 years
- Florida: 4 years
Property Damage
- Most states: 2-6 years
- Often different from personal injury
- May depend on cause of damage
Employment Claims
- FLSA wage claims: 2-3 years
- Discrimination (EEOC): 180-300 days to file charge
- Wrongful termination: Varies by state and theory
Consumer Protection
- FDCPA: 1 year
- State consumer laws: 2-4 years typically
- Credit card disputes: 60 days for billing errors
State Variations: Statute of limitations varies dramatically by state. Always research your specific state's law for your type of claim.
When Does the Clock Start?
Date of Injury/Breach
Usually starts when:
- Contract is breached
- Injury occurs
- Property is damaged
- Wrong is committed
Discovery Rule
Some states start the clock when you:
- Discovered the injury
- Should have discovered it with reasonable diligence
- Common for fraud, malpractice, latent defects
Continuing Violations
For ongoing wrongs:
- Each violation may restart the clock
- Can recover for actions within limitations period
- Common in harassment, discrimination cases
Tolling (Pausing) the Clock
Common Tolling Situations
- Defendant absent from state: Time paused
- Plaintiff is a minor: Until reaching adulthood
- Plaintiff is incapacitated: Until capacity restored
- Defendant conceals wrong: Fraudulent concealment
- Negotiations or mediation: In some jurisdictions
Equitable Tolling
Courts may toll for:
- Active deception by defendant
- Extraordinary circumstances
- Plaintiff pursuing rights diligently
- Very limited application
Special Situations
Government Claims
Much shorter deadlines:
- Federal: 2 years, but must file administrative claim first
- State: Often 6 months to 1 year
- Local: May be even shorter
- Must follow exact procedures
Minors' Claims
- Usually tolled until age 18
- Then normal period applies
- Check state-specific rules
Medical Malpractice
- Often shorter than general injury
- Discovery rule may apply
- Many states have caps
- May require expert affidavit
Debt Collection Limitations
Creditors have limited time to sue:
- Credit cards: 3-6 years typically
- Medical bills: 3-10 years
- Written contracts: 4-10 years
- Making a payment can restart the clock
Protecting Your Rights
Act Quickly
- Research deadline immediately
- Don't wait until last minute
- Evidence deteriorates over time
- Witnesses forget or move
Document the Date
- When did you discover the wrong?
- When did the breach/injury occur?
- Keep records of key dates
Consult an Attorney
If deadline is approaching:
- Don't rely solely on online information
- State laws are complex
- Exceptions may apply
- Filing errors can doom your case
Don't Revive Old Debts: Making a payment or acknowledging an old debt can restart the statute of limitations. Don't do either without understanding the consequences.
State Comparison Examples
Written Contracts
- California: 4 years
- Texas: 4 years
- New York: 6 years
- Illinois: 10 years
- Florida: 5 years
Personal Injury
- California: 2 years
- Texas: 2 years
- New York: 3 years
- Illinois: 2 years
- Florida: 4 years
Act Before Time Runs Out
Generate a demand letter to preserve your claim and start resolution.
Create Your Letter