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Statute of limitations

How long do I have to sue? (Statute of limitations basics)

Most personal-injury claims have 2-3 years; most contract claims 4-6; many tort claims 2; some criminal restitution and child sexual abuse have no limit. The clock usually starts at the date of injury or discovery.

Every state sets a deadline (the statute of limitations) for filing a civil lawsuit, and once the clock runs the right to sue is permanently gone. The exact length depends on what kind of claim you're bringing AND what state you're in. The rules below are the rough national landscape; your state's specific clock is the only one that actually applies to your case.

What to do

  1. Step 1

    Identify the type of claim

    Different claims have different clocks. Personal injury (car accidents, slip-and-falls): commonly 2-3 years. Contract disputes (written): commonly 4-6 years. Contract disputes (oral): commonly 2-4 years. Property damage: commonly 2-3 years. Medical malpractice: commonly 1-3 years (with special discovery rules). Wrongful death: commonly 1-2 years from death.

  2. Step 2

    Find when the clock started

    For most claims the clock starts at the date of injury. For latent injuries (mold exposure, asbestos, fraud discovered years later) most states apply a discovery rule - the clock starts when you knew or should have known you were injured.

  3. Step 3

    Check whether tolling applies

    Tolling pauses the clock. Most common reasons: the plaintiff is a minor (clock paused until 18), the defendant left the state, the defendant fraudulently concealed the injury, or a state-wide emergency declared tolling (some COVID-era extensions still apply in CA and a few other states).

  4. Step 4

    Look up your specific state and claim

    The numbers above are national rough averages. Always confirm your specific state + claim with the state's civil practice rules or with a lawyer. Some states have unusual short windows (Louisiana has a one-year personal-injury clock; Kentucky has a one-year deadline for libel/slander).

  5. Step 5

    File before the deadline even if you do not have a lawyer yet

    If the deadline is close, you can file a one-page complaint yourself to stop the clock, then add detail and hire counsel after. A filed-but-imperfect complaint is recoverable; a missed deadline is not.

Common questions

What happens if I miss the statute of limitations?

Your right to sue is permanently gone. The defendant will file a motion to dismiss on statute-of-limitations grounds and win it, regardless of how strong your underlying claim is. There are rare exceptions for tolling or fraudulent concealment but they're hard to win.

Does the statute of limitations apply to criminal cases?

Most criminal charges have their own (usually longer) statute of limitations. Some - notably murder and, in many states, child sexual abuse - have no limit. Statute of limitations on criminal charges is set by the prosecutor's office, not by the victim.

Can I extend the deadline by talking to the other side?

Only with a written tolling agreement signed by both sides. Informal conversations, settlement talks, even formal offers do NOT stop the clock unless paperwork is signed.

How does Advottic help?

Advottic's Deadline Radar tracks statute-of-limitations clocks across every case in your file, including jurisdiction-specific tolling. Bella can answer plain-English questions about which clock applies to your specific facts. Neither replaces a consultation with a licensed attorney in your state.

Last reviewed: 2026-06-08. This guide is informational only and is not legal advice. Consult a licensed attorney in your jurisdiction before acting on any of the above.

More guides: advottic.com/guides. Leer en español: advottic.com/es/guias/cuanto-tiempo-tengo-para-demandar.