Frequently Asked Questions
What is a statute of limitations?
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A statute of limitations is a law that sets the maximum time after an event within which you can file a lawsuit. Once the deadline passes, you generally lose the right to sue, no matter how strong your case is. Different types of claims (contracts, injuries, property damage) have different time limits, and these limits vary by state.
Does sending a demand letter stop or pause the statute of limitations?
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No. In most states, sending a demand letter does not pause or extend the statute of limitations. The clock keeps ticking. However, a demand letter creates a paper trail, shows good faith, and may prompt a settlement before you need to file suit. Always send your demand letter well before the deadline so you have time to escalate to court if needed.
When does the statute of limitations start running?
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The clock typically starts on the date of the injury, breach, or damage. Some states apply a "discovery rule," meaning it starts when you discovered (or reasonably should have discovered) the harm. Special rules may apply for minors, incapacitated individuals, or defendants who leave the state. When in doubt, consult an attorney in your state.
What happens if the statute of limitations expires?
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If the statute of limitations expires, the defendant can raise it as a defense and the court will almost certainly dismiss your case. You lose the legal right to pursue the claim, regardless of its merits. That's why it's critical to act quickly, and sending a demand letter is often the fastest first step.
Are there different rules for suing the government?
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Yes. Claims against government entities (city, county, state, or federal) usually have much shorter deadlines, often as little as 30 to 180 days. You typically must file an administrative claim first and get permission to sue. These rules are strict - missing the deadline by even one day means your case is over.
Disclaimer: This tool provides general reference information about civil statutes of limitations. Laws change, and specific claims may have different deadlines than shown here. This is not legal advice. For your specific situation, consult an attorney licensed in your state. Data sourced from state statutes as of January 2026.