Statute of Limitations: Time Limits for Filing Legal Claims

The Clock That Never Stops Running

A claim that is valid today can become worthless tomorrow — not because the facts changed, but because a deadline passed. Statutes of limitations are among the most unforgiving doctrines in civil law. Miss the filing deadline by one day, and a court will dismiss an otherwise meritorious lawsuit, leaving the plaintiff with no recovery regardless of what happened. These time limits exist in every area of law, vary significantly by state and claim type, and contain a complex web of exceptions that can extend or restart the clock. Missing them is one of the most common causes of attorney malpractice claims in the United States.

Why Limitations Periods Exist

Statutes of limitations serve several recognized policy purposes. They prevent defendants from facing stale claims after evidence has deteriorated and memories have faded. They provide certainty — individuals and businesses can eventually know that a potential legal liability is foreclosed. They encourage plaintiffs to pursue claims promptly, when evidence is fresh and resolution is more likely to be accurate. And they prevent the endless uncertainty of perpetual legal exposure. The Supreme Court acknowledged in Order of Railroad Telegraphers v. Railway Express Agency (1944) that statutes of limitations are "designed to promote justice by preventing surprises through the revival of claims that have been allowed to slumber."

Common Limitations Periods by Claim Type

Limitations periods vary dramatically based on the type of claim and the jurisdiction. The following table reflects common periods in many U.S. states, but state law governs and varies substantially.

When Does the Clock Start?

The limitations period begins to run — "accrues" — at a specific moment that is often the most contested issue in limitations disputes. The default rule is that a claim accrues when the injury occurs. If a car runs a red light and strikes a pedestrian on June 1, the personal injury claim accrues on June 1, and the two-year limitations period ends June 1 of the second year thereafter.

This simple rule produces harsh results when a plaintiff does not and could not reasonably know they were injured. The discovery rule addresses this: under the discovery rule, the limitations period begins not when the injury occurs but when the plaintiff discovers — or reasonably should have discovered — the injury and its cause.

• Medical malpractice cases frequently invoke the discovery rule when a surgical error is not discovered until the patient suffers symptoms months or years later.
• Latent injury cases — asbestos exposure, toxic contamination — almost universally apply discovery rules, because the injury may not manifest for decades.
• Fraud cases almost universally apply discovery rules, because by its nature, fraud is concealed from victims.

Tolling: Pausing the Clock

Several doctrines pause — or "toll" — the running of the limitations period. Tolling effectively extends the time available to file by subtracting from the limitations period the time during which the clock was paused.

The Servicemembers Civil Relief Act (50 U.S.C. § 3936) tolls statutes of limitations against military personnel who are on active duty, reflecting the policy that those serving cannot be expected to simultaneously monitor and pursue civilian legal claims.

Notice Requirements: Claims Against Government

Claims against government entities face an additional layer of complexity. Most states and the federal government require a plaintiff to file a formal administrative notice of claim before suing, often within a much shorter window than the standard limitations period. The Federal Tort Claims Act (28 U.S.C. § 2401(b)) requires administrative claims to be filed within two years of injury. Many states require notice within six months to one year. Failure to file timely notice is jurisdictional — it cannot be cured — and bars the lawsuit entirely.

• California requires a government tort claim within six months of injury under the Government Claims Act (Cal. Gov. Code § 911.2).
• New York requires notice of claim within 90 days for most municipal torts under General Municipal Law § 50-e.
• These administrative notice requirements are separate from, and shorter than, the ultimate limitations period for filing suit.

Statutes of Repose: An Absolute Deadline

Some claims are subject to a statute of repose — an absolute outer time limit that runs from a specific event (often product manufacture or construction completion) regardless of when the injury occurs or is discovered. Unlike a statute of limitations, a statute of repose is not subject to tolling for minority, incapacity, or discovery. It is a hard constitutional bar on liability after a fixed period.

Many states have construction statutes of repose barring claims for defects more than 10 to 12 years after completion of work. Medical device manufacturers have similarly argued for repose-style limitations. The Supreme Court has held that statutes of repose are constitutional under the Due Process Clause, even when they extinguish claims before the plaintiff suffers any injury.

The Strategic Importance of Limitations Analysis

In every civil case, experienced attorneys conduct limitations analysis before filing and before advising clients on exposure. Limitations defenses are strictly enforced — courts rarely grant relief from them regardless of equitable circumstances. Clients who delay in consulting an attorney about a potential claim, or attorneys who fail to calendar deadlines, risk losing meritorious claims entirely. The limitations clock is one of the few civil law mechanisms that is truly unforgiving. This article is for informational purposes only and does not constitute legal advice.