Statute of Limitations Calculator by State & Claim Type
Calculate statute of limitations deadlines by state and claim type. Covers personal injury, contracts, property damage, malpractice, and more with tolling rules.
Calculate Your Filing Deadline
Enter the state, claim type, and date of the incident or discovery to calculate the filing deadline. The calculator covers the most common civil claim categories: personal injury (general negligence, motor vehicle, premises liability, medical malpractice), contracts (written and oral), property damage, fraud, defamation, wrongful death, products liability, professional malpractice, employment claims, and government tort claims. For each combination, it provides the base statute of limitations period, the calculated deadline date, whether a discovery rule may extend the deadline, applicable tolling provisions for minors or incapacitated persons, and any special notice requirements such as government tort claim notices. Results include citations to the relevant state statute for verification. This tool is designed for preliminary screening only and does not replace independent legal research for jurisdiction-specific exceptions and local rules.
Statute of Limitations Benchmarks
How to Use This Calculator
Select State and Claim Type
Choose the state where the claim arose (not necessarily where you practice) and the category of legal claim. If the claim could fall under multiple categories (e.g., both contract and tort), check both to identify the most favorable deadline.
Enter the Triggering Date
Input the date the cause of action accrued. For most claims, this is the date of the injury or breach. For claims subject to a discovery rule (like medical malpractice or fraud), enter the date the injury was discovered or reasonably should have been discovered.
Review Tolling Provisions
The calculator identifies common tolling scenarios that may extend the deadline. These include minority of the plaintiff (the statute is often tolled until the plaintiff turns 18), mental incapacity, absence of the defendant from the state, and pending bankruptcy of the defendant. Apply these only if factually relevant to your case.
Verify and Calendar the Deadline
The calculated deadline should be cross-referenced with independent statutory research. Calendar the deadline with appropriate advance reminders (90 days, 60 days, 30 days, 14 days, and 7 days) and document your calendaring in the case file. Never rely on a single deadline tracking method.
What This Calculator Helps You Do
- ✓Screen potential cases during intake by immediately identifying the filing deadline and whether the claim is still timely
- ✓Reduce malpractice exposure by providing a systematic cross-check against your firm's calendaring system
- ✓Identify shorter government tort claim notice deadlines that are frequently missed because they fall well before the general statute
- ✓Compare limitation periods across multiple states for cases with potential choice-of-law issues
- ✓Train new associates and paralegals on jurisdiction-specific deadline rules with a practical reference tool
Frequently Asked Questions
What happens if the statute of limitations expires before filing?
If the statute of limitations expires before a lawsuit is filed, the defendant can raise it as an affirmative defense and the case will almost certainly be dismissed with prejudice. In practice, this means the client's claim is permanently barred. There are very limited exceptions such as equitable tolling in cases of fraud or concealment, but these are difficult to prove. If an attorney misses the deadline, it typically constitutes legal malpractice, and the attorney's malpractice insurer becomes liable for the value of the lost claim.
What is the discovery rule for statutes of limitations?
The discovery rule delays the start of the statute of limitations until the plaintiff discovers (or reasonably should have discovered) the injury and its cause. This is most commonly applied in medical malpractice, legal malpractice, fraud, and latent defect cases where the harm is not immediately apparent. For example, if a surgeon leaves a sponge inside a patient and the patient does not experience symptoms for 3 years, the discovery rule would start the clock when the patient discovers or reasonably should have discovered the foreign object, not on the date of the surgery.
Are there different statutes of limitations for government entities?
Yes, and they are typically much shorter. Under the Federal Tort Claims Act (FTCA), claims against the federal government must be filed administratively within 2 years. Most states require tort claim notices against state and local governments within 6 months to 1 year. Some states, like California, require a government tort claim notice within 6 months for personal injury and 1 year for property damage. Failure to file the required notice within the deadline bars the lawsuit entirely, regardless of the general statute of limitations.
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