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It is crucial to file a lawsuit on time. For details on scheduling difficulties connected to suing and being sued, please see our FAQ.
Questions
How much time do I have to submit my lawsuit?
When does the statute of limitations begin to run?
Is it true that the statute of limitations for suing someone is always one year?
I’m defending myself in a lawsuit over an incident that occurred years ago. Will the judge automatically dismiss the case?
What are the time limits for suing government agencies?
What are California’s statutes of limitations?
How much time do I have to submit my lawsuit?
There is no one-size-fits-all solution. Every state has time constraints known as statutes of limitations, and the time limit for filing a lawsuit varies depending on the kind of claim, even within the state.
For example, in one state, a plaintiff with a personal injury claim (such as a broken leg) may sue within one year of the date of harm, whereas a plaintiff with a breach of contract claim (such as failing to make good on a promissory note) may sue within four years of the date of breach. Plaintiffs in another state may have two years for personal injury proceedings and five years for breach of contract claims.
See Chart: Statutes of Limitations in All 50 States for further information on the statutes of limitations in your state. Consult a lawyer if you believe you have a claim or if someone else believes you have a claim against them; the regulations might be complicated.
When does the statute of limitations begin to run?
After determining whether statute of limitations applies to your case, the next step is to identify when the clock begins to tick. Typically, the clock starts ticking on the “date of harm”—that is, the day you were wounded, your property was damaged, or a contract or agreement was broken.
However, there is an exception to this general norm. It protects plaintiffs while they are unaware that they have been damaged, which might be months or even years. In such circumstances, statutes of limitations will begin to run on the “date of discovery” of the injury or the date on which the plaintiff “should have found” the harm. In brief, the statute of limitations clock for various sorts of legal proceedings might begin ticking at three distinct periods!
The date of the greatest injury.
Later: The date on which the plaintiff should have reasonably realized the injury. This is the date when a court believes it is reasonable to say that the plaintiff should have known about the injury, even though the plaintiff did not know about it.
The most recent date on which the plaintiff noticed the injury.
The legislation is complicated. The best method to protect yourself is to speak with a lawyer about how long you have to file a lawsuit—and what kind of lawsuit(s) you may file.
Example 1: On January 1, a doctor removes Phoebe’s spleen while performing a gallbladder surgery on her. As soon as Phoebe awakens, the doctor informs her of the surgical blunder. Phoebe’s time limit for suing the doctor starts on January 1, since the injury happened on that day and Phoebe was aware of it. If Phoebe’s case is subject to a two-year statute of limitations for medical negligence, she would have two years from January 1 to launch a complaint against the doctor.
Example 2: The circumstances above apply, only the doctor does not inform Phoebe of the surgical blunder. Phoebe is in excruciating agony as a result of the January 1 operation. A month later, on February 1, Phoebe consults with another doctor, who informs her that she should not be in pain and that she should come in right away to get it looked out. Phoebe does not go to the doctor until July 1 of the same year, when she discovers that her spleen was removed by mistake on January 1. In this case, Phoebe’s time limit for suing the doctor most likely starts on February 1, since the discomfort, together with the second doctor’s recommendation, decides when Phoebe reasonably should have found the injury.
Example 3: The same example, only Phoebe had no odd side effects after the January 1 procedure. Phoebe is completely unaware that anything went wrong with the operation until July 1 of the following year, when an X-ray taken during a normal medical examination shows that her spleen was removed. In this case, since Phoebe did not find and could not reasonably have learned the injury until July 1, most jurisdictions would calculate Phoebe’s time to suit from that date.
Is it true that the statute of limitations for suing someone is always one year?
No, however most statutes of limitations allow at least one year. Except when suing a government entity, you nearly always have at least one year from the date of injury to initiate a lawsuit, regardless of the kind of claim you have or the state in which you reside. In summary, if you suit during this one-year period, you need not be concerned about the statute of limitations.
Example: On February 1, Henry gets wounded in a car accident. On March 1, the same year, Henry engages a lawyer who advises him to seek reimbursement for his injuries from the driver of the other automobile. Henry spends months attempting to reach an agreement with the other driver’s insurance company. Finally, on September 1st of that year, the insurance company writes to Henry, saying, “We’ll give you $1,000, nothing more.” Henry determines that the offer is much too low and resolves to sue the other driver. If Henry is unsure about his state’s personal injury statute of limitations, he should submit the claim before February 1 of the following year, and his complaint will be filed on time.
See Chart: Statutes of Limitations in All 50 States for further information on the statutes of limitations in your state.
Once a complaint is filed on time, the statute of limitations has no effect on how long it takes for a matter to be resolved. Most states, however, have distinct “diligent prosecution” regulations that oblige you to bring your case to trial within a particular time frame or risk having it dismissed.
An competent attorney should be able to clarify the intricacies of the time concerns in your case.
I’m defending myself in a lawsuit over an incident that occurred years ago. Will the judge automatically dismiss the case?
No, courts almost seldom dismiss late claims on their own. Defendants must bring any statute of limitations violations to the court’s attention.
To ensure that an untimely lawsuit is dismissed by a court, add a “affirmative defense” in your response arguing that the plaintiff’s complaint is untimely. In certain courts, instead of submitting a response, you may file a Motion to Dismiss, requesting a judge to dismiss a late lawsuit.
Whether you are a defendant and believe that the plaintiff has waited too long to sue, you must verify the appropriate state or federal limitations period to see if the action is timely. (You may wish to consult with an experienced lawyer who can explain this complex area of law.)
What are the time limits for suing government agencies?
You may be unable to sue a government agency unless you first submit an administrative claim with the city, county, or state of which the agency is a member. In addition, you may only have 60 days to file an administrative claim. If the government dismisses your claim (as is typically the case), the rejection letter will inform you how long you have to launch a lawsuit in court. For example, you have two years to launch a negligence lawsuit against the federal government. Check your state’s regulations as soon as you are harmed, and consider speaking with an attorney for a complete understanding of the applicable time periods.
What are California’s statutes of limitations?
The statutes of limitations for numerous frequent forms of litigation in California are shown below. These are just broad strokes. Be careful that the legislation might change and that the laws can be more complicated than what is shown here. An competent lawyer should be able to explain the applicable law as it pertains to your specific case.
Medical malpractice cases must be filed within three years after the date of harm or one year after the plaintiff found or should have discovered the injury, whichever comes first. (California Civil Procedure Code 340.5 (2020).)
Two years for breach of an oral contract. (California Civil Procedure Code 339 (2020).)
Four years for breach of a signed contract. (California Civil Procedure Code 337 (2020).)
One year for libel or slander suits. (Cal. Civil Procedure Code 340 (2020).)
Personal injury lawsuits based on carelessness have a two-year statute of limitations. (California Civil Procedure Code 335.1 (2020.))
Suits for injuries caused by domestic violence: Whichever comes first:
three years after the last act of domestic abuse, or three years after the victim found, or should have known, that an injury or sickness was caused by domestic violence. (California Civil Code 1708.6 (2020); California Civil Procedure Code 340.15 (2020).)
Child sexual abuse: Whichever comes first:
22 years from the victim’s 18th birthday (in other words, the day the victim reaches 40), or five years after the victim finds or should have found that the sexual assault caused psychological harm or sickness after age 18. (Cal. Civ. Proc. Code 340.1 (2020).)