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Legal Procedure

What is Statute of Limitations?

Updated September 14, 2026

A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.

Personal InjuryMedical MalpracticeFamily LawCriminal Defense

Understanding Statute of Limitations

Statutes of limitations vary by state and by type of claim. For personal injury cases, the period typically ranges from one to six years. Some exceptions may apply, such as the discovery rule for cases where the injury was not immediately apparent.

Examples

  • 1Two-year deadline to file a car accident lawsuit in many states
  • 2Medical malpractice discovery rule extending the deadline
  • 3Tolling of the statute for minors until they reach adulthood

Why This Matters in Legal Cases

Missing a statute of limitations deadline is one of the most common causes of legal malpractice claims. Once the deadline passes, the client's right to sue is typically extinguished forever—no matter how strong their case. Different types of claims have different deadlines, and claims against government entities often have much shorter notice periods (sometimes 60-180 days).

Frequently Asked Questions

When does the statute of limitations clock start?

Usually from the date of injury or accident. However, the "discovery rule" in many states delays the start until the plaintiff knew or should have known about the injury. This is particularly relevant in medical malpractice and toxic exposure cases where harm isn't immediately apparent.

Can the statute of limitations be paused or extended?

Yes, through "tolling." Common tolling situations include: the plaintiff being a minor, the plaintiff being mentally incapacitated, the defendant being out of state, or the defendant fraudulently concealing the injury. Once the tolling condition ends, the clock resumes.

What happens if I miss the deadline?

In most cases, you permanently lose the right to sue. The defendant can file a motion to dismiss, and the court will grant it. There are very limited exceptions. This is why it's crucial to consult an attorney promptly after any injury—you need time to investigate and prepare before the deadline.

Sources

Related Terms

Settlement

An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.

Discovery

The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.

Deposition

Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.

Demand Letter

A formal letter sent to an insurance company or opposing party outlining the facts of the case, injuries sustained, and the amount of compensation being sought.

Motion

A formal request made to a court asking the judge to make a specific ruling or order on a particular issue in a case.

Last updated: September 14, 2026
Reviewed by: Quilia Legal Content Team

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