Civil statutes of limitations set the deadline to file a lawsuit. Once the deadline passes, a court may dismiss the case even if the claim would otherwise be valid.
The deadline depends on the state and the type of claim. Personal injury, contract disputes, property damage, fraud, defamation, wrongful death, and government claims may all have different filing periods.
What Is a Civil Statute of Limitations?
A civil statute of limitations is a law that limits how long a person has to bring a lawsuit. The clock usually starts when the injury, breach, or damage occurs.
Some claims use a discovery rule. This means the deadline may start when the person discovered, or reasonably should have discovered, the harm. Other claims have strict deadlines that are not extended by delayed discovery.
Civil deadlines are different from criminal statutes of limitations. Her Lawyer’s guides to public intoxication laws by state and stalking laws by state discuss criminal-law topics with different timing rules.
Written Contracts vs. Oral Contracts
Contract claims often have different deadlines depending on whether the agreement was written or oral. Written contracts usually receive a longer filing period because the agreement is easier to prove.
An oral contract may still be enforceable, but the deadline is often shorter. Receipts, emails, text messages, invoices, or payment records may help prove the agreement, but the claim may still be treated as oral if there is no signed written contract.
Common Civil Statutes of Limitations by State
The chart below lists common filing periods for personal injury and contract claims. These are general deadlines only. Special claims, government defendants, minors, medical malpractice, product liability, fraud, and wrongful death may follow different rules.
| State | Personal Injury | Oral Contract | Written Contract |
|---|---|---|---|
| Alabama | 2 years | 6 years | 6 years |
| Alaska | 2 years | 3 years | 3 years |
| Arizona | 2 years | 3 years | 6 years |
| Arkansas | 3 years | 3 years | 5 years |
| California | 2 years | 2 years | 4 years |
| Colorado | 2 years; 3 years for motor vehicle injuries | 3 years | 3 years; 6 years for some debts |
| Connecticut | 2 years | 3 years | 6 years |
| Delaware | 2 years | 3 years | 3 years |
| District of Columbia | 3 years | 3 years | 3 years |
| Florida | 2 years for negligence; 4 years for some other personal injury claims | 4 years | 5 years |
| Georgia | 2 years | 4 years | 6 years |
| Hawaii | 2 years | 6 years | 6 years |
| Idaho | 2 years | 4 years | 5 years |
| Illinois | 2 years | 5 years | 10 years |
| Indiana | 2 years | 6 years | 10 years |
| Iowa | 2 years | 5 years | 10 years |
| Kansas | 2 years | 3 years | 5 years |
| Kentucky | 1 year; 2 years for motor vehicle injuries | 5 years | 10 years for newer contracts |
| Louisiana | 1 year | 10 years | 10 years |
| Maine | 6 years | 6 years | 6 years |
| Maryland | 3 years | 3 years | 3 years |
| Massachusetts | 3 years | 6 years | 6 years |
| Michigan | 3 years | 6 years | 6 years |
| Minnesota | 6 years | 6 years | 6 years |
| Mississippi | 3 years | 3 years | 3 years |
| Missouri | 5 years | 5 years | 5 years; 10 years for some written payment obligations |
| Montana | 3 years | 5 years | 8 years |
| Nebraska | 4 years | 4 years | 5 years |
| Nevada | 2 years | 4 years | 6 years |
| New Hampshire | 3 years | 3 years | 3 years |
| New Jersey | 2 years | 6 years | 6 years |
| New Mexico | 3 years | 4 years | 6 years |
| New York | 3 years | 6 years | 6 years |
| North Carolina | 3 years | 3 years | 3 years |
| North Dakota | 6 years | 6 years | 6 years |
| Ohio | 2 years | 4 years | 6 years |
| Oklahoma | 2 years | 3 years | 5 years |
| Oregon | 2 years | 6 years | 6 years |
| Pennsylvania | 2 years | 4 years | 4 years |
| Rhode Island | 3 years | 10 years | 10 years |
| South Carolina | 3 years | 3 years | 3 years |
| South Dakota | 3 years | 6 years | 6 years |
| Tennessee | 1 year | 6 years | 6 years |
| Texas | 2 years | 4 years | 4 years |
| Utah | 4 years | 4 years | 6 years |
| Vermont | 3 years | 6 years | 6 years |
| Virginia | 2 years | 3 years | 5 years |
| Washington | 3 years | 3 years | 6 years |
| West Virginia | 2 years | 5 years | 10 years |
| Wisconsin | 3 years | 6 years | 6 years |
| Wyoming | 4 years | 8 years | 10 years |
A state-by-state chart is only a starting point. The exact statute should be checked before relying on any deadline.
California Civil Statutes of Limitations
California has different deadlines for different civil claims, and california Courts provides a helpful overview of common deadlines to sue someone.
Common California deadlines include:
- Personal injury: 2 years
- Property damage: 3 years
- Oral contract: 2 years
- Written contract: 4 years
- Fraud: 3 years
- Libel or slander: 1 year
California’s personal injury deadline generally appears in Code of Civil Procedure Section 335.1. Property damage claims commonly fall under Code of Civil Procedure Section 338.
Claims against a California public entity may have much shorter deadlines. A government claim often must be presented within six months under Government Code Section 911.2.
Why the Deadline May Change
The filing period may change when the plaintiff is a minor, the injury was not discovered right away, the defendant left the state, or the claim involves a government agency. Some laws also include statutes of repose, which create an outside deadline even when the harm is discovered later.
Personal injury claims may also be affected by state negligence rules. Her Lawyer’s article on negligence laws by state explains how fault can affect recovery after an accident.
FAQs About Civil Statutes of Limitations
What happens if a civil statute of limitations expires?
The defendant may ask the court to dismiss the lawsuit. If the deadline truly expired, the plaintiff may lose the right to bring that claim.
Are all civil statutes of limitations the same?
No. Deadlines vary by state and claim type. Personal injury, written contracts, oral contracts, property damage, fraud, and defamation often have different filing periods.
Does settlement negotiation stop the deadline?
Usually no. Negotiating with an insurance company or opposing party does not automatically pause the statute of limitations. A lawsuit may still need to be filed on time.
Can the deadline be shorter for government claims?
Yes. Claims against cities, counties, school districts, public agencies, or states often have notice deadlines measured in months instead of years.
Questions About a Filing Deadline?
Civil filing deadlines can be unforgiving. The safest approach is to identify the claim, the correct state law, and any shorter notice requirement before waiting to file.
Contact Her Lawyer to discuss a California civil claim, personal injury deadline, contract dispute, or statute of limitations issue.