How long do I have to file my lawsuit?

No one-size-fits-all answer exists. Every state has its own time limits, called statutes of limitations, and even within a state the period of time within which you must file a lawsuit varies according to the type of claim. For example, rules in one state may allow a plaintiff with a personal injury claim (such as a broken leg) one year from the date of injury to file suit and a plaintiff with a breach of contract claim (such as failure to make good on a promissory note) four years from the date of breach to sue. In another state, personal injury plaintiffs may have two years to sue, and plaintiffs with breach of contract claims may have five years. For various statutes of limitations in your state, see Chart: Statutes of Limitations in All 50 States.

Are statutes of limitations for suing someone always one year?

No, but statutes of limitations generally allow at least one year. Except for when you sue a government agency, you almost always have at least one year from the date of harm to file a lawsuit, no matter what type of claim you have or which state you live in. In short, you should have no statute of limitations worries if you sue within this one-year period.

Example: Henry is injured in an auto accident on February 1. On March 1 of the same year, a lawyer whom Henry hires recommends that he seek compensation for his injuries from the driver of the other car. Henry spends months trying to settle with the other driver's insurance company. Finally, on September 1 of the same year, the insurance company writes to Henry that "We'll pay you $1,000, nothing more." Henry concludes that the offer is grossly inadequate and decides to sue the other driver. If Henry isn't sure of his state's statute of limitations for personal injury cases, he should be sure to file the suit by February 1 of the next year and his complaint will definitely be timely.

For various statutes of limitations in your state, see Chart: Statutes of Limitations in All 50 States.

Once you file a complaint on time, a statute of limitations has nothing to do with how long it takes for a case to conclude. However, most states do have separate "diligent prosecution" statutes, which require you to move your case to trial within a certain time period or face dismissal.

What are the statutes of limitations for suing government agencies?

Often you cannot sue a government agency unless you first file an administrative claim with the city, county, or state of which the agency is a part. And you may have as little as 60 days to submit an administrative claim. If (as usually happens) the government denies your claim, the denial letter will tell you how long you have to file a lawsuit in court. Check your state's rules quickly after you suffer harm.

What are the statutes of limitations in California?

Below you'll find California's statutes of limitations for many common types of lawsuits. Different time periods may apply in your state, so be sure to check your state's rules carefully. However, the California rules are fairly typical and should give you a good idea of what you're likely to find when you read your state's rules.

• Medical malpractice actions: Three years from the date of injury or one year from the date of discovery of the injury, whichever occurs first.
  
  
• Breach of an oral contract: Two years.
  
  
• Breach of a written contract: Four years.
  
  
• Suits for libel or slander: One year.
  
  
• Personal injury claims based on negligence: Two years.
  
  
• Suits for injuries resulting from domestic violence: Three years from the last act of domestic violence.
  
  
• Childhood sexual abuse: Eight years from the victim's 18th birthday or three years after the victim realizes that physical or psychological injury has resulted from childhood sexual abuse, no matter what the victim's age.