Quick Answer: A statute of limitation is the legal deadline to file a lawsuit, and once it expires, courts will usually dismiss the case—regardless of how serious the injury or how strong the evidence is.

The legal system does not allow disputes to linger forever. Even when someone has suffered real harm, the law requires claims to be brought within a defined period of time. These deadlines, known as statutes of limitation, apply across nearly every area of law and often determine whether a case can move forward at all.

This article focuses primarily on statutes of limitation in civil cases, where filing deadlines determine whether injured parties can pursue compensation or other legal remedies.

A statute of limitation is a law that sets the maximum amount of time a person has to file a legal claim after a triggering event occurs. Once that deadline passes, courts typically refuse to hear the case, regardless of its merits.

These deadlines are created by legislatures, not courts, and they vary widely depending on:

1. The type of claim
2. The state or federal jurisdiction
3. When the harm was discovered

In practical terms, statutes of limitation function as a gatekeeper. If the filing window closes, the courthouse door usually closes with it.

Statutes of limitation are intended to balance fairness for both sides of a dispute.

From a legal standpoint, they exist to:

• Encourage timely resolution of claims
• Prevent litigation based on stale or unreliable evidence
• Protect defendants from indefinite exposure to lawsuits
• Promote legal certainty and finality

Over time, memories fade, documents are lost, and witnesses become unavailable. The law assumes that claims brought promptly are more likely to be resolved accurately and fairly.

While it may seem straightforward, determining when the statute of limitation begins is often one of the most contested issues in a case.

In some situations, the clock starts on the date of the incident itself. In others, it begins when the injury is discovered, or reasonably should have been discovered. This distinction is critical in cases involving latent injuries, delayed diagnoses, or hidden misconduct.

Courts often analyze:

1. When the harm first occurred
2. When the injured party became aware of the harm
3. Whether the harm could reasonably have been discovered earlier

This is why two people with similar injuries may face very different filing deadlines.

While statutes of limitation are the most common filing deadlines, some claims are also governed by statutes of repose, which operate differently and more strictly.

• A statute of limitation is typically tied to when a legal claim accrues, such as the date of injury or the date the harm is discovered.
• A statute of repose, by contrast, sets an absolute outer deadline based on a specific event. This is often the date a product was sold, a building was completed, or a medical procedure occurred.

Once a statute of repose expires, a claim may be barred even if the injury has not yet been discovered. Courts generally treat repose deadlines as firm cutoffs that are not extended by discovery, tolling, or equitable exceptions.

Statutes of repose most commonly appear in areas like product liability, construction defect cases, and certain medical claims, where lawmakers have decided that liability exposure must end after a fixed period of time.

There is no universal statute of limitation. Different types of claims are governed by different timelines, even within the same state.

For example:

• Personal injury claims often have shorter deadlines
• Contract disputes may allow more time
• Claims involving minors may be paused until adulthood
• Government-related claims often have special notice requirements

Because these rules are highly specific, applying the wrong deadline can be just as damaging as missing the correct one.

Statutes of limitation exist at both the state and federal level, and which one applies depends on where the legal authority for the claim comes from, not simply where the harm occurred.

Most lawsuits are governed by state statutes of limitation, because states control the vast majority of civil law. The most common categories include:

• Personal injury claims (e.g., car accidents, slip and falls)
  Typical SOL: 1–3 years, depending on the state

• Medical malpractice claims
  Typical SOL: 1–3 years, sometimes with discovery-based extensions

• Product liability claims
  Typical SOL: 2–4 years, with variations for latent injuries

• Contract disputes
  Typical SOL: 3–6 years, depending on written vs. oral contracts

• Wrongful death claims
  Typical SOL: 1–3 years, typically starting from the date of death

Each state sets its own deadlines, which means the same type of claim can have very different time limits depending on where it is filed.

Federal statutes of limitation, by contrast, apply when a claim arises under federal law. These deadlines are set by Congress and apply uniformly across all states. The most common categories include:

• Federal civil rights claims
  Typical SOL: commonly around 2–3 years

• Federal employment claims (e.g., discrimination under federal statutes)
  Typical SOL: Short administrative deadlines followed by limited court filing windows

• Federal securities fraud claims
  Typical SOL: 2–5 years, depending on discovery and statutory caps

• Claims against the federal government
  Typical SOL: Strict notice requirements and shorter filing deadlines

• Certain mass torts or MDL-related federal claims
  Typical SOL: Governed by the underlying statute creating the right to sue

Federal limitation periods are often tied to specific statutes and may differ significantly from state timelines.

In limited circumstances, statutes of limitation can be paused or extended through a concept known as “tolling.”

Common tolling scenarios include:

• The injured person was a minor or legally incapacitated
• The defendant concealed wrongdoing
• The injury was inherently undiscoverable for a period of time
• A related legal action temporarily prevented filing

These exceptions are narrowly applied. Courts generally treat statutes of limitation as firm deadlines, not flexible guidelines.

Missing the statute of limitation usually results in dismissal of the case, often before any evidence is fully examined. Courts typically enforce these deadlines strictly, even when the underlying harm is severe.

Importantly, defendants do not have to prove they were not at fault if the deadline has passed. The expiration of the statute alone can be enough to end the case.

This is why timing issues are often addressed at the very beginning of litigation, sometimes before liability is even discussed.

Statutes of limitation frequently become legal battlegrounds because they can determine the outcome of a case without ever reaching the underlying facts.

Disputes often focus on one or more of the following details:

• When the injury was discovered
• Whether an exception applies
• Which statute governs a particular claim
• Whether the claim was properly filed and served

In complex cases, resolving these questions can take months or even longer.

Statutes of limitation quietly decide the fate of more legal claims than almost any other rule in the civil justice system. They don’t measure fairness, severity, or fault—they measure time. Once a deadline passes, courts typically stop asking what happened and start asking only when you acted.

That reality makes statutes of limitation uniquely unforgiving. A person can have clear evidence, credible witnesses, and undeniable harm and still lose the right to be heard simply because the clock ran out. This is especially true in cases involving delayed injuries, complex investigations, or overlapping state and federal laws, where the correct deadline is not always obvious.

The practical takeaway is simple but critical: legal rights do not preserve themselves. Understanding how statutes of limitation work and how quickly they can close is often the difference between having a claim and having none at all.