Statute of Limitations

A statute of limitations, sometimes called a statutory limitation, sets the time period someone has to act on criminal charges or civil cases. This rule exists to ensure a speedy trial with fresh evidence.

In criminal law, the statute of limitations is how long the state has to press charges. In civil law, it’s the deadline for filing a lawsuit. Statutes of limitations apply to a variety of legal situations:

• Personal injury claims such as car accidents, slips-and-falls, or medical malpractice
• Injury to your reputation, like defamation
• Unpaid debts, including credit card debt or loans
• Breach of contract, like unpaid invoices or broken agreements
• Property damage, including damage to homes, businesses, or vehicles
• Most crimes, such as theft, fraud, or assault

Some major crimes, like murder, war crimes, and some sex offenses, don’t have a statute of limitations, meaning charges can be brought at any time. Other state statutes vary, but most statutes of limitations fall between one and six years. There are also federal statutes of limitations for cases heard in federal courts. 

The limitations period starts from the date the incident happens, with some exceptions.

• Discovery rule: The clock may start later if the person didn’t know and couldn’t have known about the injury or issue right away.
• Cases involving minors: The clock may not begin until the minor turns 18.
• Claims against the government: These often follow different rules and may have shorter deadlines or special filing procedures.

After the limitations period, you usually lose the right to sue or prosecute the case, even if there’s strong evidence.

Key characteristics

A statute of limitations has specific legal properties that affect how and when it runs, and when it can be paused.

• Tolling. The statute of limitations can be paused, or “tolled,” under qualifying circumstances, including the plaintiff’s minority, mental incapacity, active military service, or the defendant’s fraudulent concealment of the claim. Tolling pauses the clock during the qualifying condition. It doesn’t reset the time period.
• Jurisdictional variation. There is no single national limitations period for most civil claims. Parties operating across state lines must determine which state’s law governs.
• No retroactive extension. Courts rarely extend a limitations period after it expires. Once the deadline passes, the claim is gone.

Statute of limitations vs. statute of repose

A statute of limitations sets the deadline to file a legal claim after an injury, breach, or other harm occurs or is discovered. A statute of repose sets a final deadline based on a specific event, such as the sale of a product or completion of construction, and can bar a claim even if the harm is discovered later.

Related terms

A statute of limitations intersects with several other legal concepts that affect when and how a claim can proceed.

• Statutory damages. Damages a law sets rather than those a party proves, relevant when a limitations period governs when a party can claim them.
• Discovery rule: The discovery rule may delay the start of the filing period until the injured party discovered, or reasonably should have discovered, the harm.
• Statute of repose: A statute of repose sets an outside deadline based on a fixed event, regardless of when harm is discovered.
• Affirmative defense: An affirmative defense is a defense the defendant raises to defeat or limit liability, even if the plaintiff’s allegations are otherwise proven.
• Notice of claim: A notice of claim is a required notice to a government entity or other party before certain lawsuits can be filed.
• Survival statute: A survival statute determines whether a legal claim continues after a party dies.

FAQs about statute of limitations

How long is the statute of limitations?

The statute of limitations depends on the type of claim and the governing law. Different legal claims have different filing deadlines set by federal or state law. Some claims must be filed within a few years, while others have much shorter or longer time limits. Certain serious crimes may have no time limit at all.

Does the clock ever pause or reset?

The clock can be paused, or “tolled,” under specific conditions such as minority, mental incapacity, military service, or fraudulent concealment. It resumes once the condition ends.

Do claims against the government work differently?

Yes. Many claims against government agencies have special rules, including formal notice requirements, administrative claim procedures, shorter filing windows, or different deadlines. Missing one of these requirements can bar the claim even if a general statute of limitations has not expired.

Are statutes of limitation federal or state-based?

They can be either, depending on whether the case is in state or federal court. Each state sets its own limits, while federal crimes have separate timeframes set by federal law.