How does the statute of limitations work in the US?
A statute of limitations sets the maximum time after an event within which you can file suit. Each state sets its own periods by claim type. If you file after the deadline, the defendant can move to dismiss and the claim is barred, no matter how strong the merits.
What are common personal injury statutes of limitations?
Personal injury periods vary: California 2 years, New York 3 years, Texas 2 years, Florida 2 years (reduced from 4 in 2023). Medical malpractice and claims against government entities often have shorter or special deadlines and notice requirements.
What is the discovery rule?
The discovery rule tolls (delays) the start of the limitation clock until the plaintiff discovers, or reasonably should have discovered, the injury and its cause. It commonly applies to latent injuries, fraud, and professional malpractice. Not every state applies it to every claim type.
Do claims against the government have different deadlines?
Yes. Suing a city, county, state, or federal entity usually requires filing a formal notice of claim within a very short window, often 60-180 days, well before the general statute of limitations. Missing the notice deadline can bar the claim entirely.