When the Deadline Pauses
Discovery rule, minors, incapacity, and absent defendants.
Tolling is the set of rules that pause or extend a filing deadline. A limit is not always a hard stop the day the event occurs; in defined situations the law treats the clock as not running at all. Knowing these exceptions is as important as knowing the base number.
Minority tolling
When the person harmed is a child, many states pause the deadline until the child reaches the age of majority, then allow the normal period to run. California tolls a minor’s personal injury claim until age 18 plus a short additional window. The policy is that a child cannot file alone, so the right is preserved until an adult can act. Some states cap the total pause, so confirm both the majority age and any outer limit.
Mental incapacity
A plaintiff who is legally incapacitated when the claim accrues may receive a toll for the period of incapacity. The definition of incapacity is strict and varies by state; a temporary illness is usually not enough. The toll ends when the person regains capacity or a guardian is appointed, and then the standard period applies.
Defendant absence
If the person who caused the harm leaves the state, several states pause the clock for the time the defendant is away and not subject to service. This prevents a wrongdoer from defeating a claim simply by moving. The pause ends when the defendant returns or can be served through a long-arm statute.
Military service and other pauses
Some states toll claims for a plaintiff on active military duty. Equitable tolling, based on fairness, may apply when a defendant concealed a wrong or when a plaintiff was prevented from filing by extraordinary circumstances. These pauses are narrower than the named statutes and are decided case by case.
What tolling does not do
Tolling pauses the clock; it does not erase the underlying limit. When the tolling reason ends, the remaining period resumes, and any time already run before the pause still counts. A few statutes of repose are not subject to tolling at all, so an outer date can bar a claim even for a minor or incapacitated person.
Source: state statutes, last reviewed in 2026. Verify with the current code before relying on any deadline.
Frequently Asked Questions
What is a statute of limitations?
It is the legal deadline to file a lawsuit. Once the time runs out, a court will normally dismiss the case even if the claim is valid. The policy is that old disputes are hard to defend because witnesses and records fade.
When does the clock start?
Usually the date of the harmful event, but many claims use a discovery rule that starts the clock when the harm is discovered or should have been discovered. State law controls the trigger, and some claims accrue only when the injury is found.
Can the deadline be extended?
Sometimes. Minors, incapacitated people, or defendants who leave the state may get extra time through tolling. The rules vary by state and claim type, and a few outer dates cannot be extended at all.
How long do I have to sue for debt in California?
California allows four years on most written and open-account debt under Cal. Civ. Proc. Code §337. The period generally runs from the last payment or default, not from when the account was opened, so a recent payment can matter.
What is the statute of limitations for credit card debt in Florida?
Florida allows four years on credit-card and open-account debt under Fla. Stat. §95.11(3). The clock usually starts from the last charge, last payment, or default on the account.
What is the personal injury limit in New York?
New York allows three years for personal injury under C.P.L.R. §214, measured from the date of the injury. Medical malpractice is shorter at two years and six months under §214-a, counted from the act or the end of treatment.
How long is the written contract limit in Texas?
Texas allows four years on written contracts under Tex. Civ. Prac. & Rem. Code §16.004, and the same four years on most oral contracts. The period runs from the breach, not from when the contract was signed, so a long relationship can still be enforced for years after it ends.
Is the deadline the same in every state?
No. Each state writes its own civil practice code, so the same claim can range from one year to fifteen depending on where it is filed. That state-by-state difference is why a single national number does not exist and a comparison table is the practical reference.
Does this table give legal advice?
No. StatuteLimits is a reference only. Confirm the current deadline with the state code or a licensed attorney before relying on any number, because local exceptions and court rules can change the answer.