Personal injury and contract dispute timeframes
Statutes of limitations bar plaintiffs from bringing claims after a set period measured from the date the claim arises. For personal injury (negligence, assault, wrongful death), the period is typically two to three years, with most states using two years. This limit reflects the assumption that evidence degrades and witnesses' memories fade over time, making justice harder to serve. Some states apply different limits for wrongful death (two to six years) and intentional torts.
For breach of contract, the period is usually four to six years, giving parties longer to discover the breach and react. Oral contracts sometimes face a shorter limit (three to four years), acknowledging that evidence for unwritten agreements is fragile. However, courts recognize exceptions: a claim against a government entity might have a shorter period, and the discovery rule can toll (suspend) the statute if the plaintiff could not reasonably have discovered the injury until later.
Specialized claims and exceptions
Fraud claims often have a longer period (three to six years) because the injury may remain hidden until discovery. Medical malpractice varies widely: some states use the standard negligence period (two to three years), while others recognize a separate medical malpractice window or apply the discovery rule strictly, allowing the clock to start when the plaintiff discovers the error, not when it occurred.
Statutes of repose differ from statutes of limitations by imposing absolute deadlines even if the plaintiff has not yet discovered the injury. These exist in some states for construction defect claims and medical malpractice, typically running 10 to 15 years from the date of the wrong act, regardless of discovery. Other exceptions include tolling for minors (the statute does not start until they turn 18) and for defendants who leave the jurisdiction.