Statute of Limitations by State (2026): Complete Filing Deadline Guide

A statute of limitations sets a legal deadline for starting a civil lawsuit or criminal prosecution. Deadlines vary by claim type and state, ranging from one year for personal injury in Kentucky and Tennessee to no limit at all for murder charges, which carry no deadline in any U.S. state.

A statute of limitations is a law that sets the maximum amount of time parties have to start legal proceedings after an alleged offense or injury. Once that window closes, the claim or charge is typically barred forever, regardless of its merits.

These laws serve two purposes. For defendants, they provide certainty that old claims will not surface decades later when evidence has deteriorated and witnesses have scattered. For the legal system, they encourage prompt resolution and reduce the burden of stale cases on courts.

Every state sets its own time limits for different categories of civil lawsuits and criminal charges. Federal law establishes separate deadlines for federal offenses. The table below provides a quick-reference comparison, and each state links to a detailed breakdown of that state's filing deadlines.

Statute of Limitations by State: 50-State Comparison Table

The following table shows the most commonly referenced deadlines for each state. Personal injury and written contract columns cover civil claims. The felony column covers general felony criminal charges (murder is excluded because it carries no time limit in any state).

Note: "None (felonies)" means the state has no general statute of limitations for felony offenses. Specific categories of crimes may still have individual deadlines. Click your state for the full breakdown.

What Is a Statute of Limitations?

A statute of limitations is a deadline set by law for starting a legal action. In civil cases, it limits the time a plaintiff has to file a lawsuit. In criminal cases, it limits the time prosecutors have to bring charges against a suspect.

The clock usually starts on the date the offense occurs or the injury happens. However, several exceptions can change when the countdown begins, as explained in the tolling and discovery rule sections below.

Civil Statutes of Limitations

Civil statutes of limitations apply to lawsuits between private parties. Common categories include personal injury, breach of contract, property damage, medical malpractice, fraud, and debt collection.

The length of the deadline depends on two things: the type of claim and the state where the claim is filed. Personal injury claims typically have shorter deadlines (1 to 6 years), while written contract claims often have longer windows (3 to 10 years).

If you file a lawsuit after the deadline expires, the defendant can raise the statute of limitations as an affirmative defense. The court will almost certainly dismiss the case, regardless of how strong the underlying claim may be.

Criminal Statutes of Limitations

Criminal statutes of limitations restrict how long after a crime prosecutors can file charges. The purpose is to protect defendants from facing prosecution based on evidence that has degraded over time and to encourage law enforcement to investigate promptly.

Murder is the most notable exception. No state has a statute of limitations for murder charges. Many states also exclude other serious crimes from time limits, including sexual assault, kidnapping, and arson resulting in death.

For lesser felonies and misdemeanors, deadlines typically range from 2 to 7 years depending on the severity of the offense and the state.

Tolling: When the Clock Pauses

Tolling is a legal mechanism that pauses the statute of limitations clock under certain circumstances. When tolling applies, the deadline is effectively extended by the amount of time the clock was paused.

Common situations where tolling applies include:

Defendant leaves the state. In many states, the limitations period is paused for any time the defendant is absent from the state. If someone causes an injury in Ohio and then moves to another state for two years, those two years may not count against the filing deadline.

Plaintiff is a minor. Most states toll the statute of limitations while the injured person is under 18. The clock starts running on their 18th birthday, giving them the full limitations period from that point.

Plaintiff has a mental disability. Many states pause the clock if the plaintiff is mentally incapacitated and unable to manage their legal affairs.

Defendant conceals the wrongdoing. Fraudulent concealment can toll the limitations period. If the defendant actively hid their wrongdoing, the clock may not start until the plaintiff discovers or reasonably should have discovered the fraud.

Tolling rules vary significantly by state. What qualifies for tolling in one state may not qualify in another.

The Discovery Rule: When the Clock Starts

Under the traditional rule, the statute of limitations begins running on the date the injury occurs or the breach happens. The discovery rule changes that starting point.

Under the discovery rule, the clock does not start until the plaintiff knows (or reasonably should know) that they have been injured and that someone else's actions caused the injury. This rule is especially important in cases where the harm is not immediately apparent.

Medical malpractice is a classic example. A surgeon may leave a surgical instrument inside a patient, but the patient may not experience symptoms for months or years. Without the discovery rule, the statute of limitations could expire before the patient even knows they have a claim.

Not every state applies the discovery rule to every type of claim. Some states apply it broadly, while others limit it to specific categories like medical malpractice, fraud, or toxic exposure.

Statute of Repose: The Absolute Deadline

A statute of repose is different from a statute of limitations. While a statute of limitations starts when the injury occurs or is discovered, a statute of repose starts from a specific triggering event that may have nothing to do with the injury.

For example, many states have a construction statute of repose that bars lawsuits filed more than 10 years after a building is completed. Even if a construction defect causes an injury in year 9 and the plaintiff discovers it in year 10, the statute of repose may bar the claim entirely.

The critical difference is that statutes of repose generally cannot be tolled. They create an absolute outer deadline that no exception can extend. This makes them particularly important in product liability, construction defect, and medical device cases.

Federal Statutes of Limitations

Federal law sets its own time limits for federal crimes and federal civil claims, separate from state law.

Federal Criminal Deadlines

The general federal statute of limitations for criminal offenses is 5 years, established by 18 U.S.C. Section 3282. This applies to most federal crimes that do not have a specific limitations period set by another statute.

Key exceptions under federal law include:

• Capital offenses (18 U.S.C. Section 3281): No time limit. Any crime punishable by death can be prosecuted at any time.
• Terrorism (18 U.S.C. Section 3286): No time limit if the offense resulted in death or serious bodily injury.
• Child sexual abuse (18 U.S.C. Section 3283): The deadline is the longer of 10 years from the offense or the lifetime of the child victim.
• Bank fraud and other financial institution offenses (18 U.S.C. Section 3293): 10 years. This covers bank fraud under Section 1344, along with mail and wire fraud that affects a financial institution.
• Securities fraud (18 U.S.C. Section 3301): 6 years.
• Major fraud against the United States (18 U.S.C. Section 1031): 7 years.
• Art theft (18 U.S.C. Section 3294): 20 years from the date of the offense.
• Immigration offenses: Various time limits depending on the specific offense, often longer than the standard 5 years.

Federal Civil Deadlines

Federal civil claims also carry their own time limits. For example, the DOJ Civil Resource Manual notes that the Federal Tort Claims Act requires administrative claims within 2 years of the injury and lawsuits within 6 months of a denied claim. Employment discrimination claims under Title VII must be filed with the EEOC within 180 or 300 days depending on the state.

How Different Claim Types Compare

Understanding how deadlines vary by claim type helps illustrate why checking your state's specific rules is so important.

Personal Injury

Personal injury claims cover auto accidents, slip and fall incidents, assault, defective products, and similar harms. Across the 50 states and D.C., deadlines range from 1 year to 6 years:

• 1 year: Kentucky, Tennessee
• 2 years: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia
• 3 years: Arkansas, D.C., Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin
• 4 years: Nebraska, Utah, Wyoming
• 5 years: Missouri
• 6 years: Maine, North Dakota

Louisiana is the most recent state to change. Act 423 of 2024 enacted Civil Code article 3493.11, which sets a two-year liberative prescription for delictual actions and repealed the old one-year articles 3492 and 3493. The change is prospective only, so it applies to delictual actions arising on or after July 1, 2024. Injuries before that date remain on the old one-year period.

Written Contracts

Written contract claims include disputes over loan agreements, leases, service contracts, and other documented agreements:

• 3 years: Alaska, Delaware, D.C., Maryland, Mississippi, New Hampshire, North Carolina, South Carolina
• 4 years: California, Pennsylvania, Texas
• 5 years: Arkansas, Florida, Idaho, Kansas, Oklahoma, Virginia, Nebraska
• 6 years: Alabama, Arizona, Colorado, Connecticut, Georgia, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, South Dakota, Tennessee, Utah, Vermont, Washington, Wisconsin
• 10 years: Illinois, Indiana, Iowa, Kentucky, Louisiana, Missouri, Rhode Island, West Virginia, Wyoming

Two of these entries changed recently and are still widely reported at their old length. Ohio cut its written-contract period from 8 years to 6 years under Revised Code section 2305.06, effective June 16, 2021. Kentucky sits at 10 years under KRS 413.160 for any written contract executed after July 15, 2014; the 15-year period in KRS 413.090 survives only for contracts executed on or before that date.

Criminal Felonies

For general felony offenses (excluding murder, which has no time limit anywhere):

• No general limit: Maryland, North Carolina, South Carolina, Virginia, West Virginia, Wyoming
• 2 years: Mississippi
• 3 years: Arkansas, California, Colorado, Florida, Illinois, Iowa, Minnesota, Missouri, Nebraska, Nevada, North Dakota, Oklahoma, Oregon, Rhode Island, Texas, Vermont, Washington
• 4 years: Georgia, Louisiana, Tennessee, Utah
• 5 years: Alabama, Alaska, Connecticut, Delaware, Idaho, Indiana, Kansas, Kentucky, Montana, New Jersey, New Mexico, New York, Pennsylvania
• 6 years: D.C., Hawaii, Maine, Massachusetts, Michigan, New Hampshire, Ohio, Wisconsin
• 7 years: Arizona, South Dakota

Common Questions About Filing Deadlines

What Happens if I Miss the Deadline?

If you miss the statute of limitations, the court will almost certainly dismiss your case. In civil matters, the defendant raises it as an affirmative defense, and the judge grants a motion to dismiss. In criminal cases, charges filed after the deadline can be challenged and thrown out. Courts have very little discretion to override an expired statute of limitations.

Can the Statute of Limitations Be Extended?

Yes, in limited circumstances. Tolling provisions can pause the clock for minors, incapacitated individuals, or defendants who leave the state. The discovery rule can delay the start of the clock in certain cases. However, a statute of repose generally cannot be extended under any circumstances.

Does the Statute of Limitations Apply to All Crimes?

No. Murder has no statute of limitations in any U.S. state or under federal law. Many states also exempt sexual assault, kidnapping, certain crimes against children, arson resulting in death, and other serious offenses. The specific exemptions vary by state.

Which State's Deadline Applies if the Injury Happened in a Different State?

Generally, the statute of limitations of the state where the injury occurred or where the lawsuit is filed applies. This is called "borrowing statute" analysis, and it can get complicated when multiple states are involved. Some states have borrowing statutes that apply the shorter of the two state deadlines.

Do Statutes of Limitations Apply to Government Claims?

Filing claims against government entities often involves shorter deadlines and additional procedural requirements. Many states require a "notice of claim" within 30 to 180 days of the injury before a lawsuit can be filed. Federal claims under the Federal Tort Claims Act require an administrative claim within 2 years. Missing the notice deadline can bar the lawsuit even if the general statute of limitations has not expired.

Estimate a personal injury settlement

Apart from the filing deadline, you can gauge what an injury claim might be worth with our free personal injury settlement calculator, which estimates a rough range from your medical bills and losses. It is an estimate only, not a prediction.