The statute of limitations is the deadline by which you must file your lawsuit. If you miss it, your claim is permanently barred — the court will dismiss it regardless of how strong your case is.
Limitations periods by claim type (general guidelines):
- Written contracts: 4-6 years in most states
- Oral contracts: 2-4 years in most states
- Property damage: 2-4 years in most states
- Personal injury: 1-3 years in most states
- Fraud: 3-6 years in most states (often from the date of discovery)
When does the clock start? Generally, the statute of limitations begins running when the dispute arises — when you were injured, when the contract was breached, or when the damage occurred. For fraud, it often starts when you discovered (or reasonably should have discovered) the fraud.
Exceptions that can pause ('toll') the clock:
- The defendant was a minor or legally incapacitated
- The defendant was concealing the wrongdoing
- You were a minor when the event occurred
- Bankruptcy filings by the defendant
Practical advice: Don't wait. File your claim as soon as you've given the other party a reasonable chance to resolve the issue. Memories fade, evidence disappears, and witnesses become harder to locate the longer you wait. Even if you're within the statutory period, fresher cases are easier to prove.
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