Statute of Limitations

A statute of limitations is a law that sets the maximum period of time a person has to file a lawsuit after an injury or harm has occurred. Once this deadline passes, the injured party generally loses the right to sue regardless of how strong their claim might otherwise be. These deadlines vary significantly depending on the type of claim and the state where the lawsuit will be filed. For personal injury cases, the statute of limitations typically ranges from one to four years, though some states allow longer periods.

The purpose of statutes of limitations is rooted in fairness and practicality. Over time, memories fade, witnesses become unavailable, and evidence deteriorates. Courts and legislatures have determined that defendants should not have to defend against stale claims years or decades after the alleged incident. These time limits also encourage injured parties to pursue their claims promptly, ensuring that legal disputes are resolved while evidence is still fresh and reliable.

The clock on a statute of limitations typically begins to run on the date the injury occurred. However, in some cases the discovery rule applies — meaning the clock does not start until the injured party discovered or reasonably should have discovered their injury. This doctrine is particularly important in cases involving latent diseases, medical malpractice where the harm was not immediately apparent, or situations where the defendant fraudulently concealed the injury.

Certain circumstances can toll — meaning pause or extend — the statute of limitations. Tolling may apply when the plaintiff is a minor, mentally incapacitated, or imprisoned at the time of injury. Claims against government entities typically have much shorter deadlines and require the filing of a formal notice of claim before a lawsuit can proceed. Anyone injured in an accident should consult a personal injury attorney as soon as possible to ensure their claim is filed within the applicable time limit.