Frequently Asked Questions
What is a statute of limitations?
It is the legal deadline for filing a lawsuit. Miss it, and your claim is almost always permanently barred regardless of merit. Periods vary widely: personal injury is commonly 2-3 years, written contracts 4-6 years, fraud 3-6 years, medical malpractice 1-3 years, and wrongful death 1-3 years. Each state sets its own limits.
When does the clock start running?
Usually on the date of injury or breach, but the "discovery rule" can delay the start until you knew or should have known of the harm (common in fraud, malpractice, and toxic exposure). Tolling can also pause the clock for minors, mental incapacity, or a defendant who leaves the state.
Are there shorter deadlines for suing the government?
Yes, and they are easy to miss. Many states require a written notice of claim within 60-180 days of the incident, well before any lawsuit is filed. Federal Tort Claims Act claims must be presented within 2 years. Always investigate notice-of-claim requirements immediately if a government entity is involved.
When should I consult an attorney about a deadline?
As soon as possible. An attorney can identify the correct statute, applicable tolling rules, and notice deadlines. Even if a claim looks time-barred, exceptions may apply. Do not rely on a calculator alone for any matter where the deadline is approaching.
What is the statute of limitations for personal injury?
In most states the personal-injury deadline is 2 to 3 years from the date of the injury, though a handful run as short as 1 year or as long as 6. Medical malpractice and claims against the government often have shorter windows, so confirm the exact period for your state and claim type.
Can a statute of limitations be paused or extended?
Sometimes. The discovery rule can delay the start until you knew or should have known of the harm; tolling can pause the clock for minors, incapacity, or a defendant who leaves the state; and fraudulent concealment can extend it. These exceptions are narrow and applied strictly.
What is the statute of limitations for breach of contract?
Written contracts commonly carry a 3 to 6 year deadline (up to 10 to 15 in a few states), while oral contracts are usually shorter, around 2 to 4 years. The clock generally starts on the date of the breach, not the date the contract was signed.
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Legal Disclaimer: Information only. Not legal advice.
This calculator provides information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and individual circumstances. Do not rely on this tool for legal decisions. Consult a licensed attorney in your jurisdiction for legal advice.