What happens if I miss the statute of limitations?

If you miss the filing deadline, the court will almost certainly dismiss your case. The defendant can raise the expired statute of limitations as an affirmative defense, and judges are required to enforce it. There are very limited exceptions, such as the discovery rule (for hidden injuries or fraud), tolling for minors or incapacitated persons, and situations where the defendant left the state. Consult an attorney immediately if you believe your deadline is near.

When does the statute of limitations clock start?

The clock generally starts on the date of the injury or breach. For personal injury, it starts on the date of the accident. For breach of contract, it starts on the date of the breach. For property damage, it starts on the date the damage occurred. The discovery rule is an important exception: when an injury is not immediately apparent (such as medical malpractice or toxic exposure), the clock starts when the plaintiff discovers or should have discovered the injury.

Does the statute of limitations differ by state?

Yes, statutes of limitations vary significantly by state. For personal injury, the deadline ranges from 1 year (Kentucky, Louisiana, Tennessee) to 6 years (Maine, North Dakota). Most states set the personal injury deadline at 2 or 3 years. For written contracts, deadlines range from 3 years to 15 years. Property damage deadlines range from 2 to 6 years. Always check the specific statute for your state and case type.

Can the statute of limitations be extended?

In certain situations, yes. Common tolling (pausing) situations include: the plaintiff was a minor at the time of injury (clock starts at age 18 in most states), the plaintiff was mentally incapacitated, the defendant left the state (time out of state may not count), the injury was not discovered until later (discovery rule), and fraud or concealment by the defendant. Military service under the Servicemembers Civil Relief Act can also toll the statute.

What is the statute of limitations for personal injury?

The statute of limitations for personal injury ranges from 1 to 6 years depending on the state. Most states set it at 2 years (California, Georgia, Pennsylvania, Texas, and others) or 3 years (New York, New Jersey, Illinois, Michigan, and others). Kentucky, Louisiana, and Tennessee have the shortest at 1 year. Maine and North Dakota have the longest at 6 years. The clock starts on the date of the injury, with discovery rule exceptions.

What is the statute of limitations for breach of contract?

For written contracts, most states allow 4 to 6 years to file suit, though some allow up to 10 or even 15 years. Oral contracts typically have shorter deadlines of 2 to 4 years. In most states, the clock starts on the date of the breach. For contracts with ongoing obligations, the clock may restart with each new breach. The UCC sets a 4-year statute of limitations for the sale of goods in most states.

Statute of Limitations Checker 2026

Understanding Statutes of Limitations

A statute of limitations sets the maximum time you have to file a lawsuit after an injury, breach, or incident occurs. Once the deadline passes, the court will dismiss your case regardless of its merits. These deadlines exist to ensure that cases are brought while evidence is fresh and witnesses are available. They also provide certainty for potential defendants who would otherwise face the threat of litigation indefinitely.

The length of the deadline depends on two main factors: the state where you file and the type of claim. Personal injury claims typically have shorter deadlines (1 to 4 years), while contract disputes allow longer filing periods (3 to 10 years). Some states are notably strict. Kentucky, Louisiana, and Tennessee give only 1 year for personal injury. Ohio allows only 1 year for medical malpractice. On the other end, Florida allows 4 years for personal injury and Illinois allows 10 years for written contracts.

Personal Injury

1 to 6 Years

Most states: 2 to 3 years. Shortest: KY, LA, TN (1 year).

Written Contract

3 to 15 Years

Most states: 4 to 6 years. Longest: IL, RI (10 years).

Medical Malpractice

1 to 6 Years

Most states: 2 years. Discovery rule often applies.

Sources: State Civil Procedure Codes, American Bar Association, Nolo Legal Encyclopedia. Updated .

The Discovery Rule and Tolling

The discovery rule is the most common exception to the standard deadline. It delays the start of the statute of limitations until the plaintiff discovers (or reasonably should have discovered) the injury. This is especially important in medical malpractice cases, where a surgical error might not become apparent for months or years. It also applies to fraud cases where the defendant actively concealed wrongdoing, and to product liability cases where a defect causes delayed harm.

Tolling pauses the clock under specific circumstances. If the plaintiff was a minor when the injury occurred, the statute of limitations is tolled (paused) until the child turns 18 in most states. Mental incapacity can also toll the deadline. If the defendant leaves the state, many states pause the clock for the duration of absence, since the plaintiff cannot effectively serve process on someone outside the jurisdiction. Military service under the Servicemembers Civil Relief Act provides additional tolling protection. Some states also toll the deadline during bankruptcy proceedings.

State-by-State Filing Deadlines

Filing deadlines vary widely across the 50 states. For personal injury, the range spans from 1 year (Kentucky, Louisiana, Tennessee) to 6 years (Maine, North Dakota). The majority of states set the deadline at 2 years (including California, Georgia, Pennsylvania, Texas, and Ohio) or 3 years (including New York, New Jersey, Illinois, and Michigan). Florida is relatively generous at 4 years.

Written contract deadlines show even more variation. Illinois and Rhode Island allow 10 years. New York and New Jersey allow 6 years. California allows only 4 years, among the shortest. For medical malpractice, Ohio is the strictest at 1 year, while New York allows 2.5 years. Many states have separate statutes of repose that set an absolute outer limit regardless of when the injury was discovered, typically 5 to 10 years from the date of the act.

Statutes of limitations have numerous exceptions and special rules that vary by state. The deadlines shown here are general guidelines. Specific case types (wrongful death, government claims, minor plaintiffs) often have different deadlines. Never rely solely on this tool. Contact an attorney well before your deadline to ensure your claim is preserved.

Sources: State Civil Procedure Codes, National Conference of State Legislatures, Cornell Law Institute. Updated .

Common Questions

Statute of Limitations FAQ

What is a statute of limitations?+

A statute of limitations is a law that sets the maximum time after an event within which you may file a lawsuit. Once the deadline passes, your claim is typically barred forever. These time limits vary by state and by case type (personal injury, contracts, property damage, etc.). The clock usually starts from the date of the incident, though the discovery rule may delay it.

What happens if I miss the filing deadline?+

If you miss the deadline, the court will almost certainly dismiss your case. The defendant raises the expired statute as an affirmative defense, and judges are required to enforce it. Very limited exceptions exist, such as the discovery rule, tolling for minors or incapacitated persons, and situations where the defendant left the state. Consult an attorney immediately if your deadline is near.

When does the clock start running?+

The clock generally starts on the date of the injury or breach. For personal injury, it starts on the accident date. For contracts, it starts on the breach date. The discovery rule is an important exception: when an injury is not immediately apparent (medical malpractice, toxic exposure), the clock starts when the plaintiff discovers or should have discovered the injury.

Does the deadline differ by state?+

Yes, significantly. For personal injury, deadlines range from 1 year (Kentucky, Louisiana, Tennessee) to 6 years (Maine, North Dakota). Most states set it at 2 or 3 years. For written contracts, deadlines range from 3 to 15 years. Property damage ranges from 2 to 6 years. Always check the specific statute for your state and case type.

Can the deadline be extended or paused?+

In certain situations, yes. Common tolling (pausing) situations include: plaintiff was a minor (clock starts at age 18), plaintiff was mentally incapacitated, defendant left the state, injury was not discovered until later (discovery rule), and fraud or concealment by the defendant. Military service can also toll the statute.

What is the deadline for personal injury?+

The statute of limitations for personal injury ranges from 1 to 6 years depending on the state. Most states set it at 2 years (California, Georgia, Pennsylvania, Texas) or 3 years (New York, New Jersey, Illinois). Kentucky, Louisiana, and Tennessee have the shortest at 1 year. Maine and North Dakota have the longest at 6 years.

What is the deadline for breach of contract?+

For written contracts, most states allow 4 to 6 years to file suit. Some allow up to 10 years (Illinois, Rhode Island). Oral contracts typically have shorter deadlines of 2 to 4 years. The clock starts on the date of the breach. For ongoing obligations, the clock may restart with each new breach.

What about medical malpractice deadlines?+

Medical malpractice deadlines range from 1 to 6 years, with most states setting it at 2 years. The discovery rule is especially important: the clock typically starts when the patient discovers (or should have discovered) the malpractice. Many states also have a statute of repose setting an absolute outer limit of 5 to 10 years from the treatment date.

Do criminal cases have statutes of limitations?+

Yes, most criminal cases have deadlines. Murder has no statute of limitations in any US state. Felonies typically have 3 to 6 year deadlines. Misdemeanors have 1 to 3 year deadlines. Some sexual offenses against minors have extended or eliminated deadlines. Federal crimes generally have a 5-year statute of limitations.

What is the discovery rule?+

The discovery rule delays the start of the clock until the plaintiff discovers (or reasonably should have discovered) the injury. This is critical in medical malpractice (errors discovered years later), toxic exposure (illness developing over decades), fraud (hidden misrepresentation), and product liability (defects causing delayed harm). Not all states apply it to all case types.