What are the statutes of limitations by state?
Understanding statutes of limitations
A statute of limitations is a law that sets a strict deadline for filing a legal claim or criminal charge. Once the time period expires, the court will dismiss the case as "time-barred," regardless of its merits. Every state sets its own deadlines, which vary based on the type of claim, the parties involved, and specific circumstances surrounding the case.
These laws exist to ensure that legal disputes are resolved while evidence is still fresh and witnesses' memories are reliable. For plaintiffs in civil cases, missing the filing window means permanently losing the right to seek compensation. For criminal matters, prosecutors must bring charges within the statutory period or face dismissal.
| Claim Type | Most Common Time Limit | Range Across States |
|---|---|---|
| Personal injury | 2 years | 1 – 6 years |
| Written contracts | 6 years | 3 – 15 years |
| Oral contracts | 4 years | 2 – 10 years |
| Property damage | 3 years | 2 – 6 years |
| Medical malpractice | 2 years | 1 – 6 years |
| Murder (criminal) | No limit | No limit in all states |
| Misdemeanors (criminal) | 1 – 2 years | 1 – 5 years |
Understanding which statute applies to your specific situation is critical. The clock typically starts running on the date the incident occurs or, in some states, the date the injury is "discovered." Because these laws are complex and vary significantly, consulting an attorney in your jurisdiction is strongly recommended.
Civil statutes of limitations by state
Civil statutes of limitations govern the time you have to file a lawsuit in areas such as personal injury, breach of contract, property damage, and fraud. The chart below provides a comprehensive overview of the most common civil deadlines in all 50 states and the District of Columbia.
| State | Written Contracts | Oral Contracts | Personal Injury | Property Damage |
|---|---|---|---|---|
| Alabama | 6 years | 6 years | 2 years | 6 years |
| Alaska | 3 years | 3 years | 2 years | 2 – 6 years |
| Arizona | 6 years | 3 years | 2 years | 2 years |
| Arkansas | 5 years | 3 years | 3 years | 3 years |
| California | 4 years | 2 years | 2 years | 3 years |
| Colorado | 3 – 6 years | 3 – 6 years | 2 – 3 years | 2 – 3 years |
| Connecticut | 6 years | 3 years | 2 years | 2 years |
| Delaware | 3 years | 3 years | 2 years | 2 years |
| District of Columbia | 3 years | 3 years | 3 years | 3 years |
| Florida | 5 years | 4 years | 2 years | 4 years |
| Georgia | 6 years | 4 years | 2 years | 4 years |
| Hawaii | 6 years | 6 years | 2 years | 2 years |
| Idaho | 5 years | 4 years | 2 years | 3 years |
| Illinois | 10 years | 5 years | 2 years | 5 years |
| Indiana | 10 years | 6 years | 2 years | 2 – 6 years |
| Iowa | 10 years | 5 years | 2 years | 5 years |
| Kansas | 5 years | 3 years | 2 years | 2 years |
| Kentucky | 10 years | 5 years | 1 – 2 years | 2 – 5 years |
| Louisiana | 10 years | 10 years | 1 year | 1 year |
| Maine | 6 years | 6 years | 6 years | 6 years |
| Maryland | 3 years | 3 years | 3 years | 3 years |
| Massachusetts | 6 years | 6 years | 3 years | 3 years |
| Michigan | 6 years | 6 years | 3 years | 3 years |
| Minnesota | 6 years | 6 years | 2 years | 6 years |
| Mississippi | 3 years | 3 years | 3 years | 3 years |
| Missouri | 5 – 10 years | 5 years | 5 years | 5 years |
| Montana | 6 years | 5 years | 3 years | 2 years |
| Nebraska | 5 years | 4 years | 4 years | 4 years |
| Nevada | 6 years | 4 years | 2 years | 3 years |
| New Hampshire | 3 years | 3 years | 3 years | 3 years |
| New Jersey | 6 years | 6 years | 2 years | 6 years |
| New Mexico | 6 years | 4 years | 3 years | 4 years |
| New York | 6 years | 6 years | 3 years | 3 years |
| North Carolina | 3 years | 3 years | 3 years | 3 years |
| North Dakota | 6 years | 6 years | 6 years | 6 years |
| Ohio | 8 years | 6 years | 2 years | 4 years |
| Oklahoma | 5 years | 3 years | 2 years | 2 years |
| Oregon | 6 years | 6 years | 2 years | 6 years |
| Pennsylvania | 4 years | 4 years | 2 years | 2 years |
| Rhode Island | 10 years | 10 years | 3 years | 10 years |
| South Carolina | 3 years | 3 years | 3 years | 3 years |
| South Dakota | 6 years | 6 years | 3 years | 6 years |
| Tennessee | 6 years | 6 years | 1 year | 3 years |
| Texas | 4 years | 4 years | 2 years | 2 years |
| Utah | 6 years | 4 years | 4 years | 3 years |
| Vermont | 6 years | 6 years | 3 years | 3 years |
| Virginia | 5 years | 3 years | 2 years | 5 years |
| Washington | 6 years | 3 years | 2 – 3 years | 3 years |
| West Virginia | 10 years | 5 years | 2 years | 2 years |
| Wisconsin | 6 years | 6 years | 3 years | 6 years |
| Wyoming | 10 years | 8 years | 4 years | 4 years |
This chart is a general reference guide. Many states have exceptions, special provisions, and sub-categories within each claim type. Always verify the specific statute that applies to your situation by consulting your state's code or speaking with a licensed attorney.
Personal injury statutes of limitations
A two-year filing window is the most common personal injury statute of limitations in the United States. Twenty-six states impose a two-year deadline, while others allow anywhere from one to six years. Three states have the shortest period at just one year: Kentucky, Louisiana, and Tennessee.
| Time Limit | States |
|---|---|
| 1 year | Kentucky, Louisiana, Tennessee |
| 2 years | Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, Washington, West Virginia |
| 3 years | Arkansas, District of Columbia, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Wisconsin |
| 4 years | Nebraska, Utah, Wyoming |
| 5 years | Missouri |
| 6 years | Maine, North Dakota |
When the clock starts
In most states, the statute of limitations begins on the date the injury occurs. However, many states apply the "discovery rule," which starts the clock on the date the injured person knew or reasonably should have known about the injury. This rule is particularly relevant in cases involving latent injuries, toxic exposure, or medical malpractice.
Delaware provides a useful example. It has a two-year general personal injury statute but extends the period to three years if the injury was not reasonably discoverable within the initial two years.
Motor vehicle and medical malpractice exceptions
Twenty-two states have separate statutes of limitations for motor vehicle accidents, medical malpractice claims, or both. These sub-categories can shorten or lengthen the filing window compared to the general personal injury deadline.
For example, Colorado allows 2 years for general personal injury but 3 years for injuries caused by motor vehicle accidents. Kentucky gives just 1 year for most personal injury claims but extends the deadline to 2 years for motor vehicle accident injuries.
Medical malpractice claims frequently carry their own statute, often with a "discovery rule" that delays the start of the clock until the patient learns of the alleged negligence.
Contract statutes of limitations
Contract disputes typically have longer filing windows than personal injury claims. The deadline depends heavily on whether the contract was written or oral, with written contracts generally receiving more time.
| Contract Type | Shortest Deadline | Longest Deadline | Most Common |
|---|---|---|---|
| Written contracts | 3 years (Alaska, Colorado, Delaware, D.C., Maryland, New Hampshire, North Carolina, South Carolina, Mississippi) | 15 years (Kentucky, for contracts entered before July 15, 2014) | 6 years |
| Oral contracts | 2 years (California) | 10 years (Louisiana, Rhode Island) | 4 – 6 years |
Written contract deadlines
Written contracts benefit from longer statutes because the documentation provides clear evidence of the agreement. States like Illinois, Indiana, Iowa, Kentucky, Louisiana, Rhode Island, West Virginia, and Wyoming allow 10 years to file a breach of written contract claim. Most states set the deadline at 5 to 6 years.
Oral contract deadlines
Oral contracts are harder to prove, and most states give them shorter filing windows. California has the shortest deadline at just 2 years. Louisiana and Rhode Island are the most generous, providing 10 years to file a claim for breach of an oral agreement.
It is worth noting that debt collection lawsuits often fall under the contract statute of limitations. Some states have separate, shorter deadlines for recovering debts, so always confirm the specific statute that applies to your situation.
Property damage statutes of limitations
Property damage claims cover harm to both real property (land and buildings) and personal property (vehicles, belongings, and other movable items). Deadlines for filing these claims vary widely by state.
| Time Limit | Number of States | Examples |
|---|---|---|
| 2 years | 11 | Arizona, Connecticut, Delaware, Hawaii, Kansas, Montana, Oklahoma, Pennsylvania, Texas, Virginia (personal property), West Virginia |
| 3 years | 12 | Arkansas, California, D.C., Idaho, Maryland, Massachusetts, Michigan, Nevada, New Hampshire, New York, North Carolina, Vermont |
| 4 years | 8 | Florida, Georgia, Nebraska, New Mexico, Ohio, Utah, Wyoming |
| 5 years | 6 | Illinois, Iowa, Kentucky (real property), Missouri, Virginia (real property) |
| 6 years | 13 | Alabama, Alaska (real property), Indiana (real property), Maine, Minnesota, New Jersey, North Dakota, Oregon, Rhode Island (10 years), South Dakota, Wisconsin |
Several states distinguish between real property damage and personal property damage. Alaska, for instance, allows 6 years for real property damage but only 2 years for personal property. Indiana similarly sets 6 years for real property and 2 years for personal property claims.
Criminal statutes of limitations
Criminal statutes of limitations determine how long prosecutors have to bring charges after a crime occurs. The most serious offenses, such as murder, have no statute of limitations in any state. Less severe crimes carry deadlines that vary based on the classification and severity of the offense.
| Offense Type | Typical Time Limit | Key Details |
|---|---|---|
| Murder | No limit | No statute of limitations in any state |
| Other felonies | 3 – 10 years | Varies by severity; some violent felonies have no limit |
| Sexual assault/abuse | No limit – 15 years | Many states have eliminated or extended limits for sex crimes |
| Misdemeanors | 1 – 3 years | Generally shorter deadlines for less serious crimes |
| Petty offenses/infractions | 6 months – 1 year | Shortest deadlines for minor violations |
Felony deadlines
Most states set the statute of limitations for felonies between 3 and 10 years, depending on the crime's severity. Many states have carved out exceptions for particularly serious crimes, eliminating the statute of limitations entirely for offenses like kidnapping, arson, and certain forms of fraud.
Sex crime exceptions
In recent years, a significant number of states have eliminated or dramatically extended statutes of limitations for sexual assault, sexual abuse, and related offenses. Some states now allow victims to file criminal reports or civil claims decades after the abuse occurred, especially when the victim was a minor at the time of the offense.
These reforms reflect growing awareness that survivors of sexual violence often need years or decades before they are ready to come forward. The specific time limits vary widely, so checking your state's current law is essential.
Tolling and exceptions that extend deadlines
The statute of limitations does not always run continuously. Certain events or circumstances can pause, or "toll," the clock, effectively giving the plaintiff or prosecutor more time to file.
| Tolling Event | How It Works |
|---|---|
| Minor plaintiff | The clock typically does not start until the child reaches the age of majority (18 in most states) |
| Mental incapacity | The statute may be paused if the plaintiff is legally incapacitated at the time the claim accrues |
| Defendant leaves the state | Many states toll the statute during periods when the defendant is absent from the state |
| Discovery rule | The clock starts when the injury is discovered or reasonably should have been discovered, not when it occurred |
| Fraud or concealment | If the defendant actively conceals the wrongdoing, the statute may be tolled until the fraud is uncovered |
| Military service | Active-duty military personnel may receive tolling under federal and state laws |
| Bankruptcy | Filing for bankruptcy can toll certain civil statutes of limitations |
The discovery rule
The discovery rule is one of the most important exceptions. Under this doctrine, the statute of limitations does not begin running until the injured party knew or should have known about the injury. This rule is critical in medical malpractice cases, toxic exposure claims, and product liability suits where harm may not be immediately apparent.
Not all states apply the discovery rule uniformly. Some limit it to specific types of claims, while others apply it broadly. The determination of when a plaintiff "should have known" about an injury is frequently a contested issue in litigation.
Minors and incapacitated persons
Virtually every state tolls the statute of limitations for plaintiffs who are minors at the time the cause of action accrues. The clock typically begins running on the child's 18th birthday. Similar protections apply to individuals who are mentally incapacitated, though the specifics vary by state.
Claims against government entities
Filing a lawsuit against a government entity, whether federal, state, or local, involves additional requirements and shorter deadlines. Most states require you to file an administrative claim or "notice of claim" before you can pursue a civil lawsuit.
| Requirement | Typical Deadline |
|---|---|
| Notice of claim (state/local government) | 30 – 180 days |
| Federal Tort Claims Act (federal government) | 2 years (with a 6-month administrative claim period) |
| Civil rights claims (Section 1983) | Borrows the state's personal injury statute, typically 1 – 6 years |
These notice-of-claim requirements are strictly enforced. Failing to file administrative paperwork within the required window will almost certainly bar you from pursuing your case, even if the underlying statute of limitations has not yet expired.
The Federal Tort Claims Act requires individuals to file an administrative claim with the appropriate federal agency within 2 years of the incident. If the agency denies the claim, you then have 6 months to file a lawsuit in federal court.
This article is for informational and educational purposes only and does not constitute legal advice. Statutes of limitations are subject to change, and numerous exceptions may apply to your specific circumstances. Always consult a licensed attorney in your jurisdiction to determine the exact filing deadline for your claim.
Frequently asked questions
What happens if I miss the statute of limitations?
If you file a lawsuit after the statute of limitations has expired, the defendant can file a motion to dismiss. Courts will almost always grant the dismissal, and you will permanently lose the right to pursue that claim. In criminal cases, charges filed after the deadline will similarly be thrown out as time-barred.
Which state's statute of limitations applies to my case?
Generally, the statute of limitations of the state where the injury or breach occurred applies. However, choice-of-law rules can be complex, especially when parties are in different states or when a contract specifies a particular jurisdiction. An attorney can help determine which state's law governs your claim.
Can the statute of limitations be extended?
Yes. Tolling provisions can pause the clock under certain circumstances, such as when the plaintiff is a minor, when the defendant leaves the state, or when the injury is not immediately discoverable. Some states also allow the statute to be extended by agreement between the parties, particularly in contract disputes.
Which states have the shortest statutes of limitations for personal injury?
Kentucky, Louisiana, and Tennessee have the shortest personal injury filing windows at just 1 year. If you are injured in any of these states, taking immediate legal action is essential to preserve your right to compensation.
Which states have the longest statutes of limitations for personal injury?
Maine and North Dakota have the longest general personal injury statutes of limitations at 6 years. Missouri also stands out with a 5-year window, and Nebraska, Utah, and Wyoming each allow 4 years.
Is there a federal statute of limitations?
There is no single federal statute of limitations that applies to all cases. Federal claims each have their own deadlines established by the relevant federal statute. For example, employment discrimination claims under Title VII must be filed with the EEOC within 180 to 300 days of the discriminatory act. Federal tort claims must be filed within 2 years under the Federal Tort Claims Act. Civil rights claims under Section 1983 borrow the personal injury statute of limitations from the state where the violation occurred.
Do any crimes have no statute of limitations?
Murder has no statute of limitations in any U.S. state. Many states also have no filing deadline for other serious crimes, including certain sex offenses, kidnapping, forgery of public records, and crimes involving DNA evidence. The trend in recent years has been to eliminate or extend deadlines for sexual assault and abuse cases.
What is the statute of limitations on debt?
Debt collection statutes of limitations typically follow the contract statute (written or oral) in the state where the debtor resides or where the contract was formed. These deadlines range from 2 to 10 years depending on the state. After the statute expires, the debt is considered "time-barred," meaning a creditor cannot successfully sue to collect it. However, the debt itself does not disappear and may still appear on credit reports.