Statute of Limitations by State

Frequently asked

Statute of limitations questions, answered

What is a statute of limitations?

A statute of limitations is a deadline, set by state law, for filing a particular type of lawsuit. Once the deadline passes, the defendant can ask the court to dismiss the case. The deadline is measured in years from the date the cause of action accrues — usually the date of the injury, breach, or discovery of harm, depending on the claim and the state.

What is the difference between a statute of limitations and a statute of repose?

A statute of limitations runs from when a claim accrues — often when the injury is discovered. A statute of repose runs from a fixed event like the date of a sale, the last act of the defendant, or completion of construction. Repose statutes can bar a claim before the plaintiff even knows it exists. 37 of the 51 jurisdictions in this dataset impose a separate statute of repose for medical malpractice; 18 do for product liability.

What is the discovery rule?

The discovery rule pauses or restarts the limitations clock until the plaintiff knew, or reasonably should have known, of the injury and its cause. It is most often applied to medical malpractice, latent defects, fraud, and concealed injuries. 34 jurisdictions broadly recognize a discovery rule for medical malpractice; 14 apply it only in narrow circumstances; 3 do not apply it at all.

What is tolling?

Tolling pauses the limitations clock for specified reasons. Common grounds include: the plaintiff is a minor (clock typically resumes at age 18), mental incapacity, the defendant is absent from the state, fraudulent concealment of the cause, or a continuing course of conduct. Tolling rules vary by state and by claim — the cell-by-cell notes in our table flag the most common grounds.

Does the statute of limitations apply when I sue the government?

Yes — and the deadline is usually shorter than the underlying tort SOL. Suing the federal government under the Federal Tort Claims Act requires an administrative claim within 2 years and suit within 6 months of the agency’s denial. Most states have similar notice-of-claim windows for state and municipal claims (California requires 6 months; New York requires 90 days). Always check whether a notice statute applies before relying on the general SOL.

Which state has the shortest deadline for personal injury?

Kentucky and Tennessee both impose a one-year statute of limitations on most personal-injury claims. Every other state in this survey allows at least two years. Louisiana also formerly used a one-year period; its general delictual prescription was extended to two years for acts on or after July 1, 2024 under Act 423.

How long do I have to file a defamation claim?

Defamation has the shortest civil deadline in most of the country. 28 of the 51 jurisdictions in our survey allow only one year for libel and slander claims. Some states (like Tennessee) impose an even shorter six-month period for spoken slander while keeping a one-year period for written libel.

Can a statute of limitations be extended after it has expired?

In limited situations, yes. State legislatures occasionally pass "revival" or "lookback" windows that reopen previously time-barred claims, most commonly for childhood sexual abuse. New York’s Adult Survivors Act, California’s AB 250, and Maryland’s Child Victims Act of 2023 are recent examples. Some state high courts (Utah, Kentucky, Colorado) have struck down revival statutes as unconstitutional under their state constitutions, so revival windows are not always permanent — read the current statute and case law before relying on one.

Methodology. Each cell in our dataset is one (state × cause-of-action) pair, verified against the official state legislature or code site (91%) or an authoritative mirror like Justia (9%) where the state does not publish per-section permalinks. Headline numbers were cross-referenced against the 50-state surveys from Nolo, Justia, and Matthiesen Wickert & Lehrer. This is a general reference, not legal advice; always read the linked statute and consult an attorney about any specific claim.

Counting days for a deadline you already know? Use the Casefleet Legal Deadline Calculator — built-in court holidays, business-day math, and FRCP-aware day counts.