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Litigation & Court Documents

Statute of Limitations: Why the Clock Starts Differently for Different Claims

Missing a filing deadline doesn't just weaken a case — it usually ends it, regardless of how strong the underlying claim was.

5 min read

A statute of limitations sets the deadline for filing a lawsuit after a claim arises — and missing it typically bars the claim entirely, no matter how strong the underlying facts are. The deadline, and when the clock actually starts, varies significantly by claim type and state.

Different claims have different deadlines

Personal injury, breach of contract, property damage, and fraud claims each typically carry their own statute of limitations period under state law — often ranging from one to several years, with no consistent rule across claim types.

When the clock actually starts running

The limitations period usually starts when the claim "accrues" — often when the harm occurred, but for some claims (like fraud or certain injuries), it starts when the harm was or reasonably should have been discovered, which can be much later than the underlying event.

Tolling can pause the clock

Certain circumstances — the defendant leaving the state, the plaintiff being a minor, ongoing settlement negotiations in some jurisdictions — can toll (pause) the statute of limitations, extending the effective deadline beyond the standard period.

Why this needs to be checked early, not late

Because a missed deadline is usually fatal to a claim, confirming the applicable statute of limitations and its accrual date should happen at the very start of considering legal action — not after most of the available time has already passed.

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