Statute of Limitations Calculator

A statute of limitations is a law that sets the maximum time after an event within which a lawsuit or legal claim can be filed. Once the statutory period expires, the injured party permanently loses the right to bring the claim in court, regardless of how strong the case may be. Every state sets its own time limits for different types of legal claims, and the periods vary significantly. For example, personal injury claims typically have a two to three year deadline, while written contract claims may have four to six years or longer depending on the state.

The statute of limitations typically begins running on the date the injury or breach occurred, known as the accrual date. For personal injury claims, the clock starts when the injury happens. For breach of contract, it starts when the breach occurs. However, the discovery rule delays the start date in certain cases - particularly medical malpractice and fraud - until the plaintiff knew or should have known about the injury or wrongdoing. Some states also apply tolling provisions that pause the clock in specific circumstances.

The discovery rule is an exception that delays the start of the statute of limitations until the plaintiff discovers or reasonably should have discovered the injury, harm, or wrongdoing. It applies most commonly in medical malpractice cases (where a surgical error may not become apparent for months or years), fraud cases (where the deception is designed to be hidden), and product liability cases (where a defect may not manifest immediately). Even with the discovery rule, most states impose a statute of repose - an absolute outer limit regardless of when the injury was discovered.

Tolling pauses the statute of limitations clock under specific circumstances recognized by state law. Common tolling situations include: the plaintiff is a minor (the clock starts when they turn 18), the plaintiff is mentally incapacitated, the defendant is absent from the state or concealing their identity, the parties are engaged in settlement negotiations, or a bankruptcy stay is in effect. Military service under the Servicemembers Civil Relief Act can also toll the statute. Each state has its own tolling rules, and the circumstances that qualify for tolling vary significantly.

If you miss the statute of limitations, the court will almost certainly dismiss your case. The defendant raises the expired statute as an affirmative defense, and the court is required to honor it. The dismissal is permanent - you cannot refile the claim at a later date. There are very limited exceptions, such as situations where the defendant fraudulently concealed the cause of action or where tolling provisions apply that the plaintiff was not initially aware of. Because the consequences are irreversible, it is critical to determine and comply with the applicable deadline well in advance of its expiration.

Yes, statutes of limitations apply to most criminal cases, but the rules differ from civil cases. Most misdemeanors have a one to three year statute of limitations, while felonies typically have three to six years or longer. However, the most serious crimes - particularly murder - have no statute of limitations in any U.S. state or under federal law. Many states have also eliminated or extended the statute of limitations for sexual assault crimes, especially those involving minors. Federal crimes generally have a five-year statute of limitations under 18 USC Section 3282 unless a specific statute provides otherwise.

In civil cases, the statute of limitations can effectively be waived if the defendant fails to raise it as a defense. Unlike subject matter jurisdiction, the statute of limitations is an affirmative defense that the defendant must assert in their answer or it is considered waived. A defendant can also voluntarily agree to extend the deadline through a tolling agreement, which is a written contract between the parties that pauses or extends the limitation period. However, a plaintiff cannot unilaterally extend the statute, and courts will not ignore an expired statute if the defendant properly raises the defense.

Tolling is the legal mechanism that pauses or suspends the running of the statute of limitations clock. It differs from the discovery rule (which delays the start) because tolling temporarily stops a clock that has already begun running. The clock resumes when the tolling condition ends. For example, if a plaintiff becomes mentally incapacitated two years into a three-year statute of limitations, the clock pauses during the incapacity and the plaintiff has one year remaining once capacity is restored. States define their own tolling events, and the most common include minority, incapacity, defendant's absence from the state, and pendency of related proceedings.