Statutes of limitations for civil claims: deadlines and the discovery rule

A statute of limitations is a deadline for filing a lawsuit. Cornell’s Wex encyclopedia, an educational secondary source, defines it as any law that “bars claims after a certain period of time passes after an injury,” and notes that the period varies by jurisdiction and by type of claim (Wex: statute of limitations). There is no single national deadline. Each state sets its own periods, and the right one depends on what the claim is about and sometimes on who is being sued.

The deadline usually runs from when the claim accrues, and some rules move or pause that start date. California and Texas serve as the worked examples below.

What happens if you miss the deadline

California’s court self-help guide puts it plainly: you will generally lose your case if you try to sue after the deadline has passed (California Courts: deadlines to sue someone). The same court guidance says a defendant who believes the plaintiff waited too long can ask the judge to dismiss the case (California Courts: personal injury cases).

In practice, the expired deadline is something the other side raises. In federal court, Rule 8(c) of the Federal Rules of Civil Procedure lists the statute of limitations among the affirmative defenses a party must state in its response to a complaint (FRCP 8, LII text). Wex explains that the party raising an affirmative defense has the burden of proving it applies (Wex: affirmative defense). State courts have their own pleading rules, which this guide does not cover. For how a case moves from complaint to judgment, see our civil lawsuit process guide.

Each state sets its own periods: California and Texas

California. The state’s court self-help guide lists these common deadlines, each tied to a section of the Code of Civil Procedure (California Courts: deadlines to sue someone):

• Injury to a person (section 335.1). 2 years from the date of injury. The guide says this does not include medical malpractice, which has its own rule in section 340.5.
• Written contracts (section 337). 4 years from the date the contract was broken.
• Oral contracts (section 339). 2 years from the date the contract was broken.
• Damage to property (section 338). 3 years from the date the property was damaged.
• Libel or slander (section 340(c)). 1 year from the date of injury.

Texas. Chapter 16 of the Texas Civil Practice and Remedies Code sets the periods by statute (Tex. Civ. Prac. & Rem. Code ch. 16):

• Section 16.003. Two years after the day the cause of action accrues for personal injury, injury to property, conversion of personal property and several other listed claims, subject to exceptions the section names. Claims for injury resulting in death also have two years, and accrue on the death.
• Section 16.004. Four years for listed actions, including debt, fraud, breach of fiduciary duty, and specific performance of a contract to convey real property.
• Section 16.051. A residual four-year period for every action with no express limitations period, except an action to recover real property.

Which section fits a given claim can itself be a legal question. Our personal injury guide and breach of contract guide cover what those claims require.

When the clock starts: accrual and the discovery rule

A deadline runs from the day the claim accrues. Wex notes that the U.S. Supreme Court has said a claim accrues “when the plaintiff has a complete and present cause of action” (Wex: accrue). Texas’s section 16.003, for example, counts two years from the day the cause of action accrues.

The start date is not always the day of the event. Wex says limitations periods may begin to run from the date of the injury, the date it was discovered, or the date it would have been discovered with reasonable efforts. That middle idea is often called the discovery rule. California’s court guidance describes it this way: if an injury or damage was not discovered right away, the period generally starts from when the problem was discovered or should reasonably have been discovered.

The discovery rule can also be built into a specific statute. California’s court guidance lists the medical malpractice period under section 340.5 as 1 year from when the plaintiff knows or should have known of the injury, or 3 years from the injury, whichever is earlier.

Tolling: when the clock pauses

Tolling means a stretch of time does not count against the deadline. California’s court guidance gives a plaintiff who is a minor as an example, and says that when the reason for tolling ends, such as the minor turning 18, the period begins to run again (California Courts: deadlines to sue someone).

Texas handles this by statute. Under section 16.001, a person younger than 18, or of unsound mind, is under a legal disability. If the person is under that disability when the claim accrues, the time of the disability is not included in the limitations period. The section adds two limits: a person may not tack one disability onto another, and a disability that arises after the period starts does not suspend it (Tex. Civ. Prac. & Rem. Code § 16.001).

Statutes of repose: a different kind of deadline

A statute of repose is related but distinct. Wex defines it as a law that bars claims after some action by the defendant, “even if the plaintiff has not yet been injured” (Wex: statute of repose). Because the period runs from the defendant’s act rather than from the injury or its discovery, Wex says a repose period is generally more favorable to defendants than a statute of limitations.

California’s court guidance shows the idea in construction cases: claims over latent defects in improvements to real property are listed at 10 years from the date construction was mostly finished, under section 337.15. The clock there is tied to the work, not to when anyone was harmed.

Claims against the government: shorter notice deadlines

Suing a public agency often means meeting an earlier deadline first. California’s court guidance says you must first file a claim with the agency, generally within 6 months of the injury for injury to a person or damage to property, or within 1 year for a broken contract or damage to real estate. If the agency denies the claim, you have 6 months from the date the rejection was mailed to sue. The guidance points to Government Code sections 905 and 911.2 for exceptions (California Courts: government claims). Wex’s entry on accrual also quotes section 911.2’s six-month rule (Wex: accrue).

Texas has a notice rule for claims under its tort claims act. Section 101.101 says a governmental unit is entitled to notice of a claim within six months after the day of the incident, describing the injury or damage, the time and place, and the incident. It also ratifies city charter notice periods, and the notice rule does not apply when the unit has actual notice of the death, injury or property damage (Tex. Civ. Prac. & Rem. Code § 101.101).

Protecting a claim before the deadline

None of the court guidance or statutes cited above lists talks with an insurer or the other side as a reason the clock pauses. If you are working through a claim with an insurance company, our insurance disputes guide explains why lawsuit deadlines run on a separate track.

• Name the claim. Injury, property damage, written or oral contract, or something else, since each can carry its own period.
• Find the governing state. Periods differ by state, and the right state is not always where you live.
• Write down the dates. When the event happened, when you discovered the harm, and any birthday that could affect tolling.
• Check for a government defendant. A public agency or employee can trigger a much shorter claim or notice deadline.
• Do not assume talks pause the clock. Confirm in writing whether anything extends the deadline before relying on it.

This guide is general legal information, not legal advice. Limitations periods, start dates and tolling rules differ by state and by type of claim, and they depend on the facts; consult a lawyer licensed in the relevant jurisdiction about a specific deadline.