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Legal Procedure

What is Statute of Limitations?

A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.

Understanding Statute of Limitations

Statutes of limitations vary by state and by type of claim. For personal injury cases, the period typically ranges from one to six years. Some exceptions may apply, such as the discovery rule for cases where the injury was not immediately apparent.

Examples

  • 1Two-year deadline to file a car accident lawsuit in many states
  • 2Medical malpractice discovery rule extending the deadline
  • 3Tolling of the statute for minors until they reach adulthood

Why This Matters in Legal Cases

Missing a statute of limitations deadline is one of the most common causes of legal malpractice claims. Once the deadline passes, the client's right to sue is typically extinguished forever—no matter how strong their case. Different types of claims have different deadlines, and claims against government entities often have much shorter notice periods (sometimes 60-180 days).

Explaining to Clients

Always communicate deadlines clearly and document that you did so. Clients should understand exactly when their right to sue expires. Be especially careful with claims against government entities (shorter deadlines) and cases involving minors (the clock may not start until they turn 18). When in doubt, file earlier rather than later.

Frequently Asked Questions

When does the statute of limitations clock start?

Usually from the date of injury or accident. However, the "discovery rule" in many states delays the start until the plaintiff knew or should have known about the injury. This is particularly relevant in medical malpractice and toxic exposure cases where harm isn't immediately apparent.

Can the statute of limitations be paused or extended?

Yes, through "tolling." Common tolling situations include: the plaintiff being a minor, the plaintiff being mentally incapacitated, the defendant being out of state, or the defendant fraudulently concealing the injury. Once the tolling condition ends, the clock resumes.

What happens if I miss the deadline?

In most cases, you permanently lose the right to sue. The defendant can file a motion to dismiss, and the court will grant it. There are very limited exceptions. This is why it's crucial to consult an attorney promptly after any injury—you need time to investigate and prepare before the deadline.

Sources

Related Terms

Settlement

An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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