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What is a statute of limitations?

Practice area: Personal Injury · Reviewed 2026-09-22

A statute of limitations is the legal deadline for starting a case. Once it expires the claim is normally dead, however strong the evidence. In the United States each state sets its own periods, and they vary by the kind of claim — commonly one to three years for injuries, longer for written contracts.

Claim against a city or state(notice)60–180 daysPersonal injury2–3 years typicalMedical malpractice2–3 years + outer limitProperty damage2–6 yearsWritten contract4–6 years
Typical US filing deadlines. Your state can be shorter — check before relying on any figure here.

Typical periods

  • Personal injury — one to six years, most often two or three.
  • Medical malpractice — usually two to three years, plus a separate outer limit measured from the treatment itself.
  • Written contracts — often four to six years; oral contracts are shorter.
  • Property damage — commonly two to six years.
  • Claims against a government body — an administrative notice is often due within 60 to 180 days, long before the ordinary deadline.

When the clock starts

Usually on the date of the injury. The discovery rule moves the start to the day you knew, or reasonably should have known, that you were harmed and what caused it — which is how a retained surgical instrument or an asbestos illness can be actionable decades later. The clock may also pause: while the injured person is a minor, while they lack capacity, or while the defendant is out of state or concealed the wrong.

The other deadline nobody mentions

A statute of repose is an absolute cut-off running from an event such as a sale, a completed building or a medical procedure. It can expire before you even know you were hurt, and the discovery rule does not extend it.

Why waiting costs more than the deadline

Long before the legal clock runs out, the evidence does. CCTV is overwritten within days or weeks, vehicles are repaired or scrapped, witnesses move and memories blur. The practical deadline for gathering proof is usually measured in weeks.

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This page explains general rules in the United States and is not legal advice. Deadlines and definitions differ by state, and only a licensed attorney can tell you how the law applies to your own situation.