Updated June 17, 2026
Calculate your filing deadline
Add or subtract calendar or court days from any date, skipping weekends and U.S. federal holidays. A reference tool only. Verify all deadlines against your court's specific rules.
If you miss the statute of limitations, the defendant will raise it as an affirmative defense, and the court will almost always dismiss the case permanently. The claim is extinguished no matter how strong it was on the merits. Narrow exceptions exist, including tolling, the discovery rule, and equitable relief, but none of them are reliable. If you are approaching a deadline, consult an attorney immediately. This is general educational information, not legal advice.
The immediate consequence: dismissal
File a lawsuit after the limitations period has run and the defendant can move to dismiss, or raise the limitations period as an affirmative defense in the answer. Courts virtually always grant these motions, because an expired limitations period is a complete defense. The merits of the claim stop mattering, and the court rarely softens the result.
Can you argue you did not know about the deadline?
In almost every court, ignorance of the law is not a defense. Not knowing the limitations period existed, or not knowing how long it was, gives a court no basis to excuse the miss. This is exactly why early consultation matters: an attorney can identify the applicable deadline while there is still time to act on it.
Limited paths that might still exist
Tolling: If a tolling ground applies, such as being a minor, mental incapacity, or the defendant fraudulently concealing the claim, the limitations period may have been suspended. In that case you may not have missed it yet. See tolling explained.
Discovery rule: If the harm was not discoverable when it occurred, the clock may not have started until you discovered it. Whether this applies depends on your state and claim type. See the discovery rule.
Equitable tolling: In narrow cases involving extraordinary circumstances and demonstrated diligence, courts sometimes apply equitable tolling. It is rare, and treating it as a reliable rescue is a mistake.
Wrong defendant: If you filed against the wrong party within the limitations period, some courts allow "relation back" amendments. The procedure is complex and the requirements are strict.
What to do if you are close to a deadline
Do not wait. Consult a qualified attorney as soon as possible. An attorney can verify the correct limitations period, confirm the trigger date, check whether any tolling applies, and file before the deadline if it has not yet passed. Note that missed deadlines inside a case may sometimes be reopened under Rule 60(b) for "excusable neglect," but courts read that phrase narrowly, and a blown statute of limitations is a different problem entirely. Use the deadline calculator for a preliminary count, then treat the attorney-calculated deadline as authoritative. See also how to calculate a filing deadline.
Malpractice exposure for attorneys
Missing a statute of limitations is one of the leading causes of attorney malpractice claims. If an attorney missed a deadline that cost you a valid claim, you may have a malpractice claim against that attorney. That claim has its own statute of limitations too, which means the clock is already running. Consult another attorney promptly.
Calculate your filing deadline
Add or subtract calendar or court days from any date, skipping weekends and U.S. federal holidays. A reference tool only. Verify all deadlines against your court's specific rules.