Define: Statute Of Limitations

The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For example, many US states require that a personal injury lawsuit be filed within one year from the date of injury – or in some instances, from the date when it should reasonably have been discovered – but some allow two years. Similarly, claims based on a written contract must be filed in court within four years from the date the contract was broken in some states and five years in others. Statute of limitations rules apply to cases filed in all courts, including federal court.

The statute of limitations is the amount of time the plaintiff has to file a personal injury claim. The statute of limitations differs depending on the type of claim and the state. For example, in Texas a claimant has two years to file a personal injury claim, four years to file a claim for fraud, one year to file a defamation or libel case, two years to file a personal property claim, and two years to file a product liability case.

Claimants who do not file their injury claims before the expiration of the statute of limitations will lose their right to compensation through a personal injury lawsuit which can include payment for future and present lost wages, future and current medical expenses, pain and suffering and under some conditions punitive damages. Talk to a personal injury lawyer who is familiar with the statutes of limitations in your state if you have questions about how long you have to file an injury claim.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.