Statute of Limitations

What is a statute of limitations?

A statute of limitations, sometimes called a statutory limitation, sets the time period someone has to act on criminal charges or civil cases. This rule exists to ensure a speedy trial with fresh evidence.

In criminal law, the statute of limitations is how long the state has to press charges. In civil law, it’s the deadline for filing a lawsuit. Statutes of limitations apply to a variety of legal situations:

• Personal injury claims such as car accidents, slips-and-falls, or medical malpractice
• Injury to your reputation, like defamation
• Unpaid debts, including credit card debt or loans
• Breach of contract, like unpaid invoices or broken agreements
• Property damage, including damage to homes, businesses, or vehicles
• Most crimes, such as theft, fraud, or assault

Some major crimes—like murder, war crimes, and some sex offenses—don’t have a statute of limitations, meaning charges can be brought at any time. Other state statutes vary, but most statutes of limitations fall between one and six years. There are also federal statutes of limitations for cases heard in federal courts. 

The limitations period starts from the date the incident happens, with some exceptions.

• Discovery rule: The clock may start later if the person didn’t know and couldn’t have known about the injury or issue right away.
• Cases involving minors: The clock may not begin until the minor turns 18.
• Claims against the government: These often follow different rules and may have shorter deadlines or special filing procedures.

After the limitations period, you usually lose the right to sue or prosecute the case, even if there’s strong evidence.

FAQs

What crimes have no statute of limitations in the U.S.?

Crimes like murder and certain types of sex offenses usually have no time limit. Under international law, terrorism, war crimes, and crimes against humanity also have no time limit. Most civil cases do have statutes of limitations.

Are statutes of limitation federal or state-based?

They can be either, depending on whether the case is in state or federal court. Each state sets its own limits, while federal crimes have separate timeframes set by federal law.

What is an example of a statute of limitations?

Let’s say that a patient wants to bring a medical malpractice lawsuit against a doctor. The patient must initiate legal proceedings within a certain time frame—defined by the state—from the date that the wrongful act occurred or the injury was discovered. If the patient brings the lawsuit even just a day after the statute of limitations is up, their case may be dismissed.

How long does it take to sue someone?

Filing a liability lawsuit during the statute of limitations period is just the beginning—once it’s filed, the case can take anywhere from a few months to several years. It depends on the court, the complexity of the case, and whether both sides settle or go to trial.

What is tolling in a statute of limitations?

Tolling means that the clock pauses on the statute of limitations, essentially extending the limitations period for starting legal proceedings. Certain actions can trigger tolling, like a suspect goes into hiding or leaves the state, is not a resident of the state, or has pending prosecution for the same offense in the state. States dictate how long tolling lasts for different circumstances.