Statute of Limitations

The legal deadline for filing a lawsuit — varies by claim type and state; missing it permanently bars recovery regardless of merit.

The statute of limitations is a hard deadline set by law within which a plaintiff must file suit. After it expires, the defendant can have the case dismissed — even if the underlying claim is valid. Deadlines vary significantly by claim type and jurisdiction: personal injury (2–3 years in most states), medical malpractice (2–3 years, often from discovery of harm), breach of contract (3–6 years for written contracts), defamation (1–2 years), and federal civil rights claims (2 years in most circuits).

Several doctrines can toll (pause) or extend the clock: the discovery rule delays the start until the plaintiff knew or should have known of the harm; minority tolling pauses the clock for claims by minors until they turn 18; fraudulent concealment by the defendant can extend the period. Some claims — like those against government entities — require a formal "notice of claim" within 60–180 days, which is shorter than the lawsuit deadline.

The statute of limitations is one of the most unforgiving rules in law. Even a case with overwhelming merit is dismissed if filed one day late. If you think you may have a legal claim, consult an attorney immediately — do not wait to "see if it resolves."

Real-World Example

The patient discovered in 2024 that a 2021 surgery had left a foreign object inside her; the discovery rule started the 2-year medical malpractice clock at 2024 (when she learned of the harm), not 2021 (when the negligence occurred).