State Civil Statute of Limitations Laws

Learn about your state's laws by using the links below.

A statute of limitations dictates how long a plaintiff has to file a personal injury lawsuit. To help you with finding the statute of limitations period for your state, we have provided links below for state-specific statutes of limitations.

Select your state from the list below for state-specific statutes of limitations for different types of civil cases, including personal injury, medical malpractice, wrongful death, and more.

Why Knowing Your State’s Statutes of Limitations Is Important

Legislators implement statutes of limitations for several reasons. The primary reason is that it ensures that judges and juries make decisions based on fresh evidence. Over time, people’s memories deteriorate and change, and the courts don’t expect witnesses to remember things from years prior.

Another reason the courts impose filing deadlines on civil causes of action is so that plaintiffs can’t hold a potential lawsuit over the heads of would-be defendants forever. It's not reasonable for a person to wait an inordinate amount of time to see if somebody will sue them.

If you aren’t familiar with your state’s civil statutes of limitations, you risk losing your chance to pursue damages. Not knowing about a three-year statute of limitations for car accidents may cause you to believe you have more time to file your civil action, only to have the judge dismiss it for untimely filing.

Start Times for Civil Statutes of Limitations

The civil statute of limitations begins on the date of the injury. There are a few exceptions to this rule. One important exception is something called the discovery rule. Under this rule, the statute of limitations period doesn’t begin until the plaintiff discovers, or should have discovered, the existence of the injury.

The discovery rule applies to cases involving latent injuries, such as asbestosis or mesothelioma. It may also apply to cases involving medical malpractice. Any type of claim involving a latent injury may qualify for this exception.

In cases where it’s reasonable for the claimant to discover their injury much later than the date of the event, the court may toll the statute of limitations. Tolling means that the clock doesn’t start until the plaintiff discovers their injuries. It makes sense that the injured person wouldn’t file their legal action until they know they’ve suffered an injury.

Types of Cases With a Specific Statute of Limitations

Most states have laws that impose a statute of limitations on specific types of cases. They also have a general rule that civil actions that don’t have a particular filing deadline have a default statute of limitations period.

The type of claims that usually have a specific filing time limit include:

  • Breach of contract (Oral contracts and written contracts)
  • Tort
  • Real estate claims
  • Real property damage
  • Defamation
  • Malicious prosecution
  • Sexual abuse
  • False imprisonment
  • Product liability
  • Personal property damage
  • Probate claims

This is not an exhaustive list. If you have questions about filing a civil suit, consider speaking with a personal injury attorney in your state.

Get Legal Help To Ensure You File Within Your State's Civil Statute of Limitations

No matter how strong your personal injury claim is, if you don’t file it within the period of time prescribed by state law, the courts will dismiss it. The courts rarely extend the statute of limitations period. Once you miss the deadline, there is little your personal injury lawyer can do to help.

That's why it's best to consult a local personal injury attorney after your accident or personal injury as soon as possible. An experienced attorney handling your civil lawsuit can make the difference between receiving compensation for your injuries and receiving nothing.

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