Statute of Limitations Explained
Every legal claim has a deadline. Miss it, and you lose your right to sue -- no matter how strong your case is.
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 time period expires, you can no longer file a lawsuit -- even if you have a legitimate claim.
Common Deadlines by Case Type
| Claim Type | Typical | Range |
|---|---|---|
| Written Contracts | 4-6 years | 3-10 years |
| Oral Contracts | 2-4 years | 2-6 years |
| Property Damage | 3 years | 2-6 years |
| Personal Injury | 2 years | 1-6 years |
| Fraud | 3-4 years | 2-6 years |
| Debt Collection | 4-6 years | 3-10 years |
Deadlines by State (Selected Examples)
| State | Written Contracts | Oral Contracts | Property Damage |
|---|---|---|---|
| California | 4 years | 2 years | 3 years |
| Texas | 4 years | 4 years | 2 years |
| New York | 6 years | 6 years | 3 years |
| Florida | 5 years | 4 years | 4 years |
| Illinois | 10 years | 5 years | 5 years |
| Pennsylvania | 4 years | 4 years | 2 years |
View all 50 state guides for complete statute of limitations data
When Does the Clock Start?
The clock typically starts when the "cause of action accrues" -- usually when the harm occurred or when you discovered the harm. For contract cases, it starts when the breach occurred.
Exceptions That May Extend Your Deadline
The "discovery rule" may extend your deadline if the harm was hidden. The clock may also pause ("toll") if the defendant leaves the state, conceals themselves, or if you are a minor or incapacitated.
Don't Wait Until the Last Minute
Even if you're within the deadline, filing late can make it harder to gather evidence and locate witnesses. File as soon as possible after discovering a claim.
Frequently Asked Questions
What happens if I miss the statute of limitations?
If you file after the deadline, the defendant can ask the court to dismiss your case. The judge will almost certainly grant this request -- your case is essentially dead. That's why it's crucial to know and respect these deadlines.
When does the statute of limitations start running?
Generally, it starts when the 'cause of action accrues' -- usually when the harm occurred or when you discovered (or should have discovered) the harm. For contracts, it typically starts when the breach occurred.
Can the statute of limitations be extended?
Yes, in some cases. If the defendant left the state, was in prison, or is a minor, the clock may pause ('toll'). Fraud that concealed the harm can also extend deadlines under the 'discovery rule.'
Is the statute of limitations different for each state?
Yes. Each state sets its own deadlines. For example, written contract claims range from 3-10 years depending on the state. Always check your specific state's laws.
Does sending a demand letter stop the clock?
No. Sending a demand letter does not pause or reset the statute of limitations. The clock keeps running until you actually file your lawsuit with the court.
Related Guides
Ready to File Your Case?
Tell us about your situation and we'll take it from there.
100% refund if we don't file your case