Legal & IP
Definition
A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Once the deadline passes, a claim is time-barred regardless of its merits. Statutes of limitations vary by jurisdiction and type of claim.
Statutes of limitations vary by claim type. Common civil timelines: personal injury 2–3 years, breach of contract 4–6 years, fraud 3–6 years, and federal civil rights claims 2–4 years. Criminal statutes generally don't apply to murder or serious felonies. The clock typically starts at the time of the harmful act or when the plaintiff discovered — or reasonably should have discovered — the harm (the 'discovery rule'). Certain circumstances toll (pause) the statute: the defendant's fraudulent concealment, the plaintiff being a minor or incapacitated, or continuing violations. For tax matters, the IRS generally has 3 years from the filing date to audit a return, 6 years if income is understated by more than 25%, and unlimited time for fraud or failure to file. State statutes of limitations can differ significantly from federal timelines for the same type of claim.
Missing a statute of limitations deadline permanently bars your legal claim regardless of how strong it is. If you suspect you have a legal claim, consulting an attorney promptly is essential to preserve your rights. An attorney can also identify any tolling circumstances that may extend your window.