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.
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
Deadlines vary significantly by state and type of claim. Here are typical ranges:
- Written Contracts: 3-10 years (most states: 4-6 years)
- Oral Contracts: 2-6 years (most states: 3-4 years)
- Property Damage: 2-6 years (most states: 2-3 years)
- Personal Injury: 1-6 years (most states: 2-3 years)
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 if the defendant leaves the state, conceals themselves, or if you are a minor or incapacitated.
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.
When does the statute of limitations start running?
Generally, it starts when the harm occurred or when you discovered (or should have discovered) the harm.
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. Fraud that concealed the harm can also extend deadlines.
Is the statute of limitations different for each state?
Yes. Each state sets its own deadlines. Written contract claims range from 3-10 years depending on the state.
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.
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