LawyerLandLegal Glossary

Statute of Limitations

A deadline, set by statute, after which a legal claim can no longer be brought at all.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

What it means

A statute of limitations is a filing deadline. Once it passes, a claim that would otherwise have succeeded can usually be dismissed without the facts ever being examined - which makes it one of the few legal rules that can end a case entirely on its own.

Three things make these deadlines harder to apply than they look. First, the length depends on the kind of claim, not on the incident: a single event can produce two claims with two different deadlines. Second, the clock does not always start on the day something happened - many claims start the clock when the harm was discovered, or reasonably should have been. Third, the clock can be paused or extended in defined circumstances, and separate, often much shorter, notice deadlines can apply to claims against government bodies.

This page states no time periods. Periods are set state by state and claim by claim, and a number quoted for the wrong state or the wrong kind of claim is worse than no number at all. The only reliable way to establish a specific deadline is to have the applicable statute identified for the specific claim.

Where this comes from

Deadlines for state-law claims are set by each state's own statutes. In federal law, 28 U.S.C. § 1658 supplies a four-year default for civil claims arising under Acts of Congress enacted after 1 December 1990 - a fallback, not a general rule, and many federal statutes set their own.

When people hire a lawyer for this

This is the single most time-sensitive reason to speak to a lawyer early, because it is the one problem that cannot be repaired afterwards. If a deadline may be close, the useful call is the one made before it is confirmed, not after.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.