What is the statute of limitations for my lawsuit?

A statute of limitations is a law that sets the maximum time period after an event within which legal proceedings may be initiated. If you miss the deadline, your claim is permanently barred — even if it is otherwise valid. Statutes of limitations vary significantly by the type of claim and the state where you sue. ^[1][2] Why statutes of limitations exist They protect defendants from stale claims when evidence has been lost, memories have faded, and witnesses are unavailable. They also encourage plaintiffs to pursue claims promptly. **Common statutes of limitations (general US ranges) ^[1][2] | Type of Claim | Typical Range | |---|---| | Personal injury (car accident, slip and fall) | 2–3 years | | Medical malpractice | 2–3 years (some states longer; complex discovery rules) | | Products liability | 2–4 years | | Wrongful death | 2–3 years | | Written contract breach | 4–6 years | | Oral contract breach | 2–4 years | | Property damage | 3–6 years | | Fraud | 3–6 years (often from discovery) | | Defamation (libel/slander) | 1–3 years | | Federal civil rights claims (§ 1983) | 2–4 years (borrows from state personal injury SOL) | | Employment discrimination (EEOC charge) | 180 days (or 300 days in deferral states) | | FLSA wage claims | 2 years (3 years for willful violations) | | Federal tax refund claims | 3 years from filing or 2 years from payment | When does the clock start? ^[1] Generally, the statute of limitations begins running when the claim "accrues" — when the harm occurs and the plaintiff knows (or should know) about it. Important exceptions: - Discovery rule — the clock may start when the plaintiff discovers (or reasonably should have discovered) the injury or its cause (common in medical malpractice, fraud, and toxic tort cases) - Minority tolling — the statute is typically "tolled" (paused) while the plaintiff is a minor - Fraudulent concealment — if the defendant hid the harm, the clock may be tolled until discovery Federal vs. state claims Federal statutes often have their own specific limitation periods set by Congress. For example: - FMLA retaliation: 2 years - Securities fraud (SEC): 2 years from discovery / 5 years maximum - False Claims Act: 6 years What to do If you think you may have a legal claim, consult an attorney immediately**. Missing the statute of limitations is one of the most common and devastating mistakes in litigation. When in doubt, act promptly. *Always verify the specific statute of limitations for your particular claim type and state with a licensed attorney.*