07
Oct

• ohioinvestigators
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How Long Do You Have to Sue Someone or a Business

In the landscape of civil litigation, timing is not just important—it is often determinative. Whether you are seeking compensation for personal injuries, asserting your rights under a breached contract, or pursuing damages for property loss, your ability to initiate legal proceedings is governed by a critical legal concept known as the statute of limitations. This statutory framework sets forth the maximum period during which a lawsuit may be filed, and once that period expires, your claim may be permanently barred, regardless of its merits.

What Is a Statute of Limitations

The statute of limitations is a legislatively enacted deadline that restricts the time within which a plaintiff may bring a legal action against a defendant. These time limits vary depending on the nature of the claim, the jurisdiction in which the claim arises, and the specific facts surrounding the alleged harm. The purpose of these statutes is to promote fairness by ensuring that claims are brought while evidence is still fresh and to protect defendants from indefinite exposure to liability.

Common Time Limits by Case Type

Here are general guidelines for how long you typically have to file a lawsuit, depending on the type of legal claim:

– Personal Injury (including negligence and tort claims): 1 to 6 years  

– Property Damage: 2 to 4 years  

– Breach of Written Contract: 4 to 10 years  

– Breach of Oral Contract: 2 to 3 years  

– Medical Malpractice: 1 to 3 years, sometimes subject to a statute of repose  

– Defamation (Libel or Slander): 1 to 3 years

These ranges are not uniform across the United States. Each state has its own civil procedure code that governs limitation periods, and some claims may be subject to exceptions or tolling provisions that pause or extend the deadline under specific circumstances.

Statute of Limitations for Personal Injury and Negligence by State

Below is a comprehensive list of the statutory time limits for filing personal injury and negligence claims in all 50 states and Washington, D.C.:

Alabama: 2 years  

Alaska: 2 years  

Arizona: 2 years  

Arkansas: 3 years  

California: 2 years  

Colorado: 2 years  

Connecticut: 2 years  

Delaware: 2 years  

Florida: 4 years  

Georgia: 2 years  

Hawaii: 2 years  

Idaho: 2 years  

Illinois: 2 years  

Indiana: 2 years  

Iowa: 2 years  

Kansas: 2 years  

Kentucky: 1 year  

Louisiana: 1 year  

Maine: 6 years  

Maryland: 3 years  

Massachusetts: 3 years  

Michigan: 3 years  

Minnesota: 2 years  

Mississippi: 3 years  

Missouri: 5 years  

Montana: 3 years  

Nebraska: 4 years  

Nevada: 2 years  

New Hampshire: 3 years  

New Jersey: 2 years  

New Mexico: 3 years  

New York: 3 years  

North Carolina: 3 years  

North Dakota: 6 years  

Ohio: 2 years  

Oklahoma: 2 years  

Oregon: 2 years  

Pennsylvania: 2 years  

Rhode Island: 3 years  

South Carolina: 3 years  

South Dakota: 3 years  

Tennessee: 1 year  

Texas: 2 years  

Utah: 4 years  

Vermont: 3 years  

Virginia: 2 years  

Washington: 3 years  

West Virginia: 2 years  

Wisconsin: 3 years  

Wyoming: 4 years  

Washington D.C.: 3 years

When Does the Clock Start

The statute of limitations typically begins to run from the date the cause of action accrues. In most cases, this is the date of the incident or injury. However, under the discovery rule, the clock may start when the plaintiff discovers, or reasonably should have discovered, the harm. This rule is especially relevant in cases involving latent injuries, medical malpractice, or fraud.

Tolling and Exceptions

Certain circumstances may toll, or suspend, the statute of limitations. Common tolling scenarios include:

– The plaintiff is a minor  

– The plaintiff is mentally incapacitated  

– The defendant is absent from the state  

– Fraudulent concealment of the injury or wrongdoing

Tolling provisions vary by jurisdiction and must be carefully evaluated by legal counsel.

Special Rules for Government Entities

Claims against government agencies are subject to unique procedural requirements. Many jurisdictions require the filing of a notice of claim within a short timeframe—often 90 to 180 days—before a lawsuit can be initiated. These claims are governed by sovereign immunity laws, which may limit or restrict the types of damages recoverable and impose strict compliance with statutory procedures.

Why Prompt Legal Action Is Crucial

Delaying legal action can have serious consequences. Evidence may deteriorate, witnesses may become unavailable, and memories may fade. Additionally, defendants may raise procedural defenses such as a motion to dismiss based on the expiration of the statute of limitations. Engaging legal counsel early ensures that your rights are preserved and that your case is properly evaluated and prepared.

Final Thoughts

The statute of limitations is not a mere technicality—it is a substantive legal barrier that can extinguish your right to seek justice. If you believe you have a valid claim, do not delay. Consult with a qualified attorney to determine the applicable limitation period and take timely action. Understanding and respecting these legal deadlines is essential to protecting your interests and achieving a favorable outcome in court.