Procedural

What is Statute of Limitations?

The legally enforceable deadline by which a plaintiff must file a lawsuit, after which the claim is time-barred.

Definition

A statute of limitations is a law that sets the maximum period after an event during which legal proceedings may be initiated. In personal injury cases, the clock typically starts running on the date of the injury, though some states use a discovery rule (the date the injury was or reasonably should have been discovered). Once the SOL expires, the defendant can move to dismiss the case regardless of merit.

How it applies in personal injury cases

SOLs vary by state and case type. Most states give 2 years for auto accidents and 2–3 years for medical malpractice, often with separate statutes of repose for med-mal. Plaintiff firms commonly miss SOLs at the intake-to-active-case handoff — which is why systematic SOL tracking from intake forward is critical to avoid malpractice exposure.

Related terms

Statute of Repose

An absolute outer time limit for bringing a lawsuit, regardless of when the injury was discovered.

Discovery Rule

A rule that postpones the start of the SOL clock until the plaintiff discovers (or reasonably should have discovered) the injury.

Tolling

Pausing or extending the statute of limitations under certain circumstances.

This entry is a plain-English reference for personal injury practice. It is not legal advice — consult a licensed attorney in your jurisdiction for the law applicable to your case.

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