Statute of Limitations — All
50 States

A statute of limitations is a law that sets the maximum time period after an event within which legal proceedings may be initiated. Once the deadline passes, the claim is permanently barred — you lose the right to sue regardless of how strong your case is. Statutes of limitations exist for civil claims (personal injury, contract, fraud) and criminal offenses. They vary by type of claim and by state, ranging from 1 year for some defamation claims to 10+ years for written contracts in certain states.

The clock typically starts on the date the injury or cause of action 'accrues' — usually when the harm occurs or when the contract is breached. However, the discovery rule (applied in many states) delays the start until the plaintiff knew or reasonably should have known about the injury or violation. This is particularly important in medical malpractice, fraud, and latent injury cases where harm may not be apparent immediately.

The discovery rule is an exception to the standard accrual date that delays the start of the statute of limitations until the plaintiff discovers — or reasonably should have discovered — the injury, its cause, or both. For example, in a medical malpractice case involving a surgical sponge left inside a patient, the clock may not start until the patient discovers the error, even if the surgery happened years earlier. Most states apply the discovery rule to fraud, medical malpractice, and latent injury cases.

Tolling stops the statute of limitations clock from running, extending the time to file. Common tolling events include: minority (the clock pauses while the plaintiff is under 18), mental incapacity, the defendant leaving the state or actively concealing the cause of action, pending bankruptcy, or the discovery rule. Government claims often require a special notice of claim before suing, which may interact with tolling rules. Tolling provisions vary significantly by state and by type of claim.

Missing the statute of limitations is almost always fatal to your claim. The defendant can file a motion to dismiss, and courts routinely grant these motions without addressing the merits. However, there are limited exceptions: equitable tolling (courts may extend the deadline if the plaintiff was prevented from filing through no fault of their own), fraudulent concealment by the defendant, or errors in service of process. In practice, these exceptions are narrow and rarely succeed — act before the deadline whenever possible.