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What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time after an event in which you may bring a lawsuit. Miss the deadline and the court generally dismisses the case, however strong it would have been on the merits.

Priya Raman
By Priya Raman, Contributing Writer, Policy & Regulation
Updated June 17, 2026

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A statute of limitations is a state or federal law that sets a hard deadline, measured from the date of the event (or, in some cases, the date you discovered the harm), within which a lawsuit must be filed. Once it passes, the claim is generally barred for good. This article is general educational information only, not legal advice. Deadlines vary by claim type and jurisdiction, and the facts of your situation can change which one applies. If you believe you may have a legal claim, consult a qualified attorney promptly.

Why statutes of limitations exist

Legislatures set these deadlines for practical reasons. Evidence degrades over time, witnesses forget, and documents disappear. Defendants need protection from stale claims, and courts produce more reliable outcomes when the facts are still fresh. The law balances a plaintiff's right to seek redress against a defendant's interest in finality.

How the clock typically starts

In most cases the clock starts when the cause of action "accrues," which is generally the date the harm occurred. For a car accident, that is the date of the crash; for a breach of contract, it is often the date of the breach. For injuries that are not apparent right away, a different rule may apply. See the discovery rule for how that works.

Common statute of limitations periods (general reference only)

Limitation periods vary by state and claim type. As a general reference only: personal injury claims in many states run 1 to 6 years; written contract claims often run 3 to 6 years; medical malpractice claims vary but are often 2 to 3 years (sometimes from the date of discovery); fraud claims may be 3 to 6 years; property damage claims vary. Federal claims have their own rules. These are rough ranges only. Your state and claim type determine the actual deadline. See statute of limitations by state for state-specific information.

The difference between civil and criminal statutes of limitations

Civil statutes of limitations govern when private parties must file lawsuits. Criminal statutes of limitations govern how long prosecutors have to bring charges. Many serious felonies, murder among them, have no statute of limitations at the federal level or in most states. The civil deadline for the same underlying conduct can be entirely different from the criminal one.

What happens when time runs out

File after the statute of limitations has expired and the opposing party will typically move to dismiss. Courts almost always grant it, because an expired limitations period is a complete defense in most cases. See what happens if you miss a legal deadline for the limited exceptions that may apply.

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.

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FAQs

What is the statute of limitations in simple terms?

A statute of limitations is a legal time limit for filing a lawsuit. If you do not file within that period, measured from the event that gave rise to your claim, a court will generally dismiss the case. The specific deadline depends on the type of claim and the state where you file.

What does it mean when a statute of limitations expires?

When the statute of limitations expires, your right to sue is generally extinguished. Even a strong, well-documented claim gets dismissed as time-barred if you missed the deadline. Limited exceptions exist (see tolling and the discovery rule), but relying on them is risky. If you think you have a claim, consult an attorney as soon as possible.

Does a statute of limitations apply to all crimes?

No. Many serious crimes, including murder and certain sexual offenses, have no statute of limitations at the federal level or in many states. Statutes of limitations come up more often in civil litigation than in prosecutions for the most serious crimes. For less serious crimes and many civil matters, deadlines do apply and vary by jurisdiction.

Can both sides agree to extend a statute of limitations?

Sometimes. Parties can in some circumstances agree by contract to toll, or pause, a statute of limitations, and a court may allow equitable tolling in limited situations. This is not automatic and not always enforceable. Do not count on the other side agreeing to extend a deadline. Consult an attorney before the deadline, not after.

Priya Raman
About the author
Priya Raman
Contributing Writer, Policy & Regulation, Encore Editorial

Priya Raman reads 300-page rulemakings so you do not have to, then flags the one paragraph that will actually cost you money. She considers an unsourced statistic a personal affront.