When can a lawsuit still be filed?

Personal Injury Statute of Limitations

A personal injury limit controls how long an injured person has to file a civil lawsuit after a car crash, a slip and fall, a defective product, or another harmful event. Most states set this period at two or three years, measured from the date of the injury. The core idea is that evidence fades and witnesses forget, so the law pushes people to act while facts are fresh. California allows two years from the date of injury under Cal. Civ. Proc. Code §335.1, while New York allows three years under C.P.L.R. §214. A few states, such as Kentucky and Tennessee, use a one-year period for personal injury, which is unusually short and easy to miss. Many states apply a discovery rule for hidden injuries: the clock may start when the injury is discovered or should have been discovered, not when the event occurred. That matters for medical objects left inside a patient or slow-developing harm. Because the exact trigger varies, always confirm the rule for the specific state and event before assuming a deadline.

• California — 2 yrs Cal. Civ. Proc. Code §335.1
• New York — 3 yrs N.Y. C.P.L.R. §214
• Kentucky — 1 yr Ky. Rev. Stat. §413.140

Medical Malpractice Statute of Limitations

Medical malpractice limits are a specialized sub-category of personal injury law, and they are often shorter and stricter. New York sets medical malpractice at two years and six months under C.P.L.R. §214-a, measured from the act or from the end of continuous treatment. California allows three years from the injury or one year from discovery, whichever is earlier, under Cal. Civ. Proc. Code §340.5. Many states add a statute of repose that bars any claim after a fixed outer date regardless of discovery, so even a late-discovered error can be time-barred. Minors and people who were legally incapacitated when the harm occurred may receive extra time through tolling, but the details differ by state. Because malpractice claims require expert review and a certificate of merit in several jurisdictions, the practical deadline is often tighter than the calendar limit suggests. The safest approach is to obtain a case evaluation as soon as a possible error is suspected, rather than waiting for the statutory date to arrive.

• New York — 2 yrs N.Y. C.P.L.R. §214-a
• California — 3 yrs Cal. Civ. Proc. Code §340.5
• Ohio — 1 yr Ohio Rev. Code §2305.113

Written Contract Statute of Limitations

A written contract limit applies when two parties reduced their promise to a signed writing. These periods are typically long because a writing is reliable evidence: Texas allows four years under Tex. Civ. Prac. & Rem. Code §16.004, and New York allows six years under C.P.L.R. §213. The contrast with oral contracts is the key point for readers comparing claim types. A written agreement can usually be enforced well after the relationship ends, which gives creditors and vendors a longer window. Some states, such as Illinois and Indiana, allow ten years on written contracts, reflecting a strong policy in favor of enforcing bargained-for promises. The limit normally starts when the contract is breached, not when it was signed. A partially performed or ambiguous writing may be treated differently by a court, so the precise trigger and the interpretation of the document should be checked against the governing state code before a filing decision is made.

• Texas — 4 yrs Tex. Civ. Prac. & Rem. Code §16.004
• New York — 6 yrs N.Y. C.P.L.R. §213
• Illinois — 10 yrs 735 ILCS 5/13-206

Oral Contract Statute of Limitations

An oral contract limit covers promises made verbally with no signed writing. These periods are shorter than written-contract limits because verbal proof is weak and easy to dispute. Texas allows four years on an oral contract, the same as its written-contract period, while Ohio allows six years and New York allows six years. The gap shows up clearly in states such as Arizona, where a written contract gets six years but an oral contract gets only three. A few states refuse to enforce most oral debt promises at all; Louisiana does not enforce oral contracts for most debts, so a verbal loan there may be uncollectible regardless of the deadline. The lesson for anyone relying on a spoken agreement is to document it in writing as early as possible, because the shorter limit and the weaker evidence both work against the claimant. When a dispute arises, confirm whether the state requires a writing for that specific type of promise.

• Arizona — 3 yrs Ariz. Rev. Stat. §12-550
• Ohio — 6 yrs Ohio Rev. Code §2305.07
• Texas — 4 yrs Tex. Civ. Prac. & Rem. Code §16.004

Debt and Open-Account Collection Deadlines

Debt collection limits decide how long a creditor may sue to collect a credit-card balance, a personal loan, or an open book account. The period usually starts from the last payment, the last charge, or the date of default, depending on state law. Florida and California both allow four years on credit-card and open-account debt under Fla. Stat. §95.11(3) and Cal. Civ. Proc. Code §337. New York allows six years. Paying any amount or even acknowledging the debt can restart the clock in some states, which is why a small payment can have a large legal effect. The federal Fair Debt Collection Practices Act does not create a deadline of its own; it regulates collector conduct and does not pause or extend a state limit. Because the trigger rule varies, readers should see the dedicated Debt Clock page for a deeper walkthrough of when the deadline begins in each situation.

• Florida — 4 yrs Fla. Stat. §95.11(3)
• California — 4 yrs Cal. Civ. Proc. Code §337
• New York — 6 yrs N.Y. C.P.L.R. §213

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Defamation Statute of Limitations

Defamation limits are among the shortest in the civil system because reputation harm is immediate and the statements are usually public. Most states allow only one year. Georgia sets defamation at one year under Ga. Code §9-3-33, and New York sets it at one year under C.P.L.R. §215. California also uses a one-year period under Cal. Civ. Proc. Code §340. A few states allow two years, but the one-year norm is dominant. The clock typically starts on the date the statement was published, and many courts apply a single-publication rule to online posts so that one upload starts one deadline rather than a new one for every view. Because the window is so brief, anyone considering a defamation claim should act within weeks, not months. Libel and slander are treated the same for limitation purposes in most states, though the proof required differs between written and spoken statements.

• Georgia — 1 yr Ga. Code §9-3-33
• New York — 1 yr N.Y. C.P.L.R. §215
• California — 1 yr Cal. Civ. Proc. Code §340

Property Damage Statute of Limitations

A property damage limit applies to harm to real estate or to personal belongings, such as a fallen tree on a roof, a flood from a neighbor, or a collision damaging a vehicle. These periods are commonly two to six years. California allows three years under Cal. Civ. Proc. Code §338, Illinois allows five years under 735 ILCS 5/13-204, and Georgia allows four years under Ga. Code §9-3-30. The trigger is usually the date the damage occurred or was discovered. When the harm is hidden, such as a slow leak inside a wall, a discovery rule may move the start date forward, but not every state applies that rule to property claims. Insurance subrogation and landlord-tenant disputes often intersect with this limit, so the practical deadline can be shaped by a policy or lease term as well. Confirm the state code and any contract clause before assuming the calendar date controls the filing.

• California — 3 yrs Cal. Civ. Proc. Code §338
• Illinois — 5 yrs 735 ILCS 5/13-204
• Georgia — 4 yrs Ga. Code §9-3-30

Wrongful Death Statute of Limitations

A wrongful death limit applies when a person dies because of another party’s wrongful act and a surviving family member brings the claim. These periods are often two years but vary widely. California allows two years under Cal. Civ. Proc. Code §335.1, Pennsylvania allows two years under 42 Pa. C.S. §5524, and New York allows two years under Est. Powers & Trusts §5-4.1. The clock generally starts on the date of death, not on the date of the underlying injury, which can matter when death follows an accident by months. Many states toll the period for a minor beneficiary or for an unappointed estate representative, so the practical window may be longer than the face value. Because the claim belongs to the estate or statutory beneficiaries rather than the deceased, the procedural steps are more complex, and a prompt appointment of a representative helps preserve the right to file.

• California — 2 yrs Cal. Civ. Proc. Code §335.1
• Pennsylvania — 2 yrs 42 Pa. C.S. §5524
• New York — 2 yrs N.Y. Est. Powers & Trusts §5-4.1