Statute of Limitations in the U.S. by State

A statute of limitations is a law that sets a deadline for filing a lawsuit. Miss it, and a claim that might otherwise have been valid can be permanently barred, regardless of how strong the underlying case was. Because these deadlines vary by state, by the type of claim, and sometimes by the specific facts involved, "how long do I have to sue" rarely has a single, universal answer. This guide explains how statutes of limitations work, the major factors that can shorten or extend a deadline, and why the date of an injury is not always the only date that matters. It is a general reference, not a substitute for verifying the specific deadline that applies to a specific claim.

What a Statute of Limitations Is

A statute of limitations is a legislatively set time limit within which a lawsuit must be filed. It exists in both civil and criminal law, though this guide focuses on civil claims — personal injury, wrongful death, property damage, and contract disputes. Once the deadline passes, a defendant can typically raise the expiration of the statute of limitations as a complete defense, and a court will generally dismiss the case regardless of its merits.

Why Deadlines Matter

Statutes of limitations exist to encourage claims to be brought while evidence is fresh and witnesses' memories are reliable, and to give potential defendants reasonable certainty that they will not face open-ended legal exposure indefinitely. For an injured person, the practical significance is straightforward: missing the deadline can end a claim entirely, even one that would otherwise have been strong on the facts. This is one of the most consequential — and most commonly misunderstood — aspects of pursuing any legal claim.

How Statutes of Limitations Differ by State

Every state sets its own statutes of limitations through its own civil code or statutes, and these deadlines are not uniform. Two states can set meaningfully different time limits for what looks like the same type of claim, and a single state can set different deadlines for different claim types within its own code. Because state legislatures periodically amend these statutes, and because interpretation can be shaped by court decisions, any specific number should be confirmed against the current version of the relevant state statute — or with an attorney — rather than assumed from general knowledge or an outdated source.

Civil Versus Criminal Limitation Periods

Civil statutes of limitations (covered in this guide) govern how long an injured party has to file a lawsuit seeking compensation. Criminal statutes of limitations are a separate body of law that governs how long prosecutors have to bring criminal charges, and they follow entirely different rules, exceptions, and timeframes — some serious crimes, such as murder, often have no limitations period at all in many states. The two systems should not be confused; a criminal statute of limitations has no bearing on a related civil claim's deadline, and vice versa.

Personal Injury Claims

Personal injury statutes of limitations govern how long an injured person has to sue over harm caused by another party's negligence or wrongful conduct — for example, a car accident, a boating accident, a slip-and-fall, or a defective product. States commonly set personal injury deadlines somewhere in a broad range, often between one and several years, but the specific period, and any exceptions that apply, differs by state and should be verified directly rather than assumed.

Wrongful Death Claims

Wrongful death claims are legally distinct from personal injury claims brought by a survivor, and are frequently subject to their own separate statute of limitations — sometimes different from the deadline that would have applied had the deceased person survived and brought their own claim. Wrongful death deadlines often run from the date of death rather than the date of the underlying injury, which can matter significantly when there is a gap between an accident and a later death. Claims that may fall under federal maritime wrongful death law can be subject to a different framework entirely.

Property Damage Claims

Claims for damage to property — such as a vehicle damaged in a collision — are often, though not always, subject to a different statute of limitations than a personal injury claim arising from the same incident, even when both stem from the same event. Some states set separate deadlines for property damage; others group it with general negligence claims. This distinction matters because a person can potentially still have a viable property damage claim even after a personal injury deadline (or vice versa) has passed, or the reverse, depending on the state.

Contract Claims

Claims for breach of a written or oral contract are generally governed by their own statutes of limitations, which are often — but not universally — longer than personal injury deadlines, and frequently differ between written and oral contracts within the same state. Contract-based deadlines typically run from the date of the breach, though this too can be affected by discovery-rule and tolling principles.

Special Rules That Can Affect Deadlines

Several recurring legal doctrines can shorten, extend, or otherwise modify an otherwise applicable statute of limitations. These are among the most important — and most frequently overlooked — aspects of limitations law.

Discovery Rules

Under a "discovery rule," the limitations clock may not start running on the date of the underlying incident, but instead on the date the injured person discovered, or reasonably should have discovered, the injury and its connection to the defendant's conduct. This matters most in cases where harm is not immediately obvious — certain medical conditions, some product defects, or latent property damage, for example. Not every state applies a discovery rule to every type of claim, and where it does apply, its exact formulation can vary.

Minors

Many states pause, or "toll," the limitations period for claims belonging to a minor until the minor reaches the age of majority, after which a new, separate clock typically begins to run. The specific mechanics — how long the tolling lasts, and whether it applies to all claim types — vary by state.

Government Claims

Claims against a government entity — a city, county, state agency, or the federal government — are frequently subject to separate, often much shorter, notice and filing requirements than claims against private parties. Many states require a formal notice of claim to be filed within a matter of months, well before the general statute of limitations would otherwise run, and missing that shorter notice deadline can bar a claim even if the broader statute of limitations has not yet expired. Federal claims against the United States government are generally governed by the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671–2680, which imposes its own administrative claim process and deadlines separate from state law.

Claims Involving Defendants Outside the State

Some states toll the statute of limitations for periods during which a defendant is absent from the state or otherwise cannot be served with a lawsuit, on the theory that a plaintiff should not lose the ability to sue simply because a defendant could not be located or reached. The specific rules governing this vary by state.

Tolling

"Tolling" broadly refers to any legal basis for pausing or delaying the running of a statute of limitations — including the minor, discovery-rule, and out-of-state defendant scenarios above, as well as other bases such as a defendant's fraud or concealment, or a plaintiff's legal incapacity. Because tolling doctrines are fact-specific and vary by state, whether a particular circumstance qualifies should be evaluated individually rather than assumed.

Federal Claims

Claims arising under federal law — including many maritime and admiralty claims, certain federal civil rights claims, and claims against the federal government — can be governed by federal statutes of limitations rather than state law, and those federal deadlines do not necessarily match the limitations period of the state where the claim arises. Maritime injury and wrongful death claims in particular can involve distinct federal statutory deadlines, separate from ordinary state personal injury timelines. See our boating accident statute of limitations guide and our Maritime & Offshore Injury Law hub for related discussion of how this plays out in water-based and offshore injury claims specifically.

Why the Date of Injury Is Not Always the Only Relevant Date

It is a common assumption that the statute of limitations simply runs from the date an accident or injury occurred. In many cases that is true, but as the doctrines above illustrate, it is not universal: the discovery rule can shift the starting date to when harm was discovered; a minor's claim can effectively pause the clock for years; a claim against a government entity can carry a much shorter notice deadline that runs independently of the general statute of limitations; and a wrongful death claim can run from the date of death rather than the date of the originating injury. Treating "date of injury" as the only relevant date can lead someone to believe they have more time — or in some cases less time — than they actually do.

A Note on State-by-State Deadlines

Because state legislatures amend limitations statutes over time, and because the applicable period can depend heavily on the specific type of claim and any tolling doctrines that apply, this guide intentionally does not present a fixed table of state-by-state deadlines. Presenting specific numbers without the ability to confirm they reflect the current version of each state's statute risks giving readers outdated or incomplete information for a decision where accuracy matters a great deal. For a specific claim, the most reliable approach is to review the current text of the relevant state's statutes (available through each state's official legislature or courts website), consult a current, reputable state-by-state legal reference, or speak with a licensed attorney in the relevant state.

Related Reading on This Site

• Boating Accident Statute of Limitations — a claim-specific look at how these deadlines apply to boating and watercraft injury cases
• Offshore Accident Statute of Limitations — how Jones Act, LHWCA, and other maritime deadlines differ from ordinary state timelines
• How the U.S. Legal System Works — background on the broader court system these deadlines operate within
• What Is a Personal Injury Lawyer? — how a lawyer helps evaluate and protect a claim, including deadline issues
• Maritime & Offshore Injury Law — related guides covering federal maritime claims, which often carry their own distinct deadlines

Disclaimer

This article explains general statute-of-limitations concepts and does not state the specific deadline for any state or claim type. Limitation periods are fact-specific, vary by jurisdiction, and can change through legislative amendment or court decision. Readers should verify the applicable deadline for their specific situation with a current, authoritative source or a licensed attorney before relying on any timeframe.

This article is general legal information, not legal advice, and does not guarantee any particular outcome. No attorney-client relationship is created by reading this page.