Statute of limitations: how long you have to sue, by claim type

Why the deadline matters more than the merits

The statute of limitations is the legal clock that starts the moment you have a claim. If the clock runs out before you file, your case is over - no matter how strong it is on the merits.

Defendants rarely volunteer this. They wait, they delay, they negotiate in bad faith. The moment your filing deadline passes, they file a motion to dismiss based on the time bar. You lose without a hearing on the actual dispute.

Standard windows by claim type

These are typical (not universal) windows. Your state's actual rule may differ.

**Personal injury (negligence):** 1-4 years from the date of injury. Most common: 2 years.

**Breach of written contract:** 4-6 years from the date of breach. Most common: 4 years.

**Breach of oral contract:** 2-4 years from the date of breach. Most common: 3 years.

**Fraud:** 3-6 years, often from when the fraud was *discovered*, not when it happened.

**Property damage:** 2-3 years from the date of damage.

**Wrongful death:** 1-3 years from the date of death.

**Wage claims (unpaid wages):** 2-3 years under federal law (FLSA); state laws often extend further.

**Defamation:** 1-2 years from publication.

When the clock pauses (tolling)

The clock can pause - "toll" - in specific circumstances:

**Minority.** If the plaintiff is under 18, the clock typically does not start running until they turn 18 (with claim-type variations).

**Disability or incapacity.** Some states pause the clock during periods of mental incapacity.

**Defendant unavailability.** If the defendant has left the state or is hiding, the clock may pause.

**Discovery rule.** For some claims (fraud, medical malpractice), the clock starts when the injury was *discovered or should have been discovered*, not when it happened.

**Continuing violation.** For ongoing harms (some employment claims), the clock may reset with each new violation.

How to find your state's exact rule

Three sources, in order of reliability:

1. Your state's code (e.g., California Code of Civil Procedure §§ 312-366). Free, authoritative, sometimes confusing.

2. Your state bar's public-information pages.

3. A consultation with a local attorney - usually free for a 15-minute call.

Do NOT rely on AI-generated "statute of limitations by state" tables without verification. Statutes change; outdated tables ruin cases.

Track deadlines with Bella

When you create a case in Advottic, Bella asks for the claim type and the date of injury (or breach), looks up the relevant statute of limitations for your state, and adds the filing deadline to your case calendar with reminders at 90, 30, and 7 days out. Free at every tier.