---
title: Statute of Limitations by Claim Type
description: An overview of the applicable statutes of limitations for various civil and criminal claims under state and federal law.
keywords: [statute of limitations, civil claims, criminal charges, legal time limits, claim deadlines]
category: law
---

## Introduction

The statute of limitations is a fundamental legal principle that imposes time limits on the ability to bring certain civil and criminal claims. These time limits are established by state and federal statutes, and they vary depending on the specific type of claim or charge. Failure to file a claim within the applicable statute of limitations period will generally result in the claim being time-barred and unenforceable in a court of law.

The purpose of statutes of limitations is to encourage plaintiffs to promptly pursue their claims, while also providing defendants with repose and protecting the integrity of evidence as time passes. The specific time periods allotted for different claim types reflect the legislature's policy judgments regarding the appropriate balance between these competing interests.

## Personal Injury Claims

Personal injury claims, such as those arising from automobile accidents, slip-and-fall incidents, or acts of negligence, are generally subject to a two-year statute of limitations under state law.[^1] This time period begins to run from the date the plaintiff's cause of action accrues, which is typically the date the injury was sustained.[^2] In cases involving latent injuries or diseases that are not immediately apparent, the limitations period may be tolled until the plaintiff discovers, or reasonably should have discovered, the injury.[^3]

Certain personal injury claims may be subject to different limitations periods, such as the one-year statute applicable to claims against governmental entities under the Federal Tort Claims Act.[^4] Additionally, claims involving intentional torts, such as assault or battery, may have a shorter limitations period, often one year from the date of the incident.[^5]

## Breach of Contract Claims

The statute of limitations for breach of contract claims is typically six years under state law.[^6] This time period begins to run from the date the contract was breached, which is usually the date the defendant failed to perform their contractual obligations.[^7] In cases where the contract does not specify a particular performance date, the limitations period may commence when the plaintiff demands performance and the defendant fails to comply.[^8]

Certain types of contracts, such as those involving the sale of goods under the Uniform Commercial Code, may have a shorter four-year statute of limitations.[^9] Additionally, claims for the recovery of real property, including those based on breach of a lease or other real estate contract, are often subject to a longer ten-year limitations period.[^10]

## Securities Fraud Claims

Claims alleging securities fraud, such as those brought under Section 10(b) of the Securities Exchange Act of 1934, are subject to a two-year statute of limitations.[^11] This limitations period begins to run from the date the plaintiff discovers, or reasonably should have discovered, the facts constituting the violation.[^12] In no event, however, may a securities fraud claim be brought more than five years after the violation occurred.[^13]

Securities fraud claims brought under state law may be subject to different limitations periods, which can range from one to six years depending on the jurisdiction.[^14] Plaintiffs asserting claims under the Securities Act of 1933 must also be mindful of the one-year statute of limitations, which begins to run from the date the violation was discovered.[^15]

## Criminal Charges

The statutes of limitations for criminal offenses vary significantly depending on the nature and severity of the crime. For felony offenses, the limitations period is typically five years, though certain serious crimes, such as murder, may have no statute of limitations at all.[^16] Misdemeanor offenses are generally subject to a one- or two-year limitations period.[^17]

In cases involving DNA evidence or sexual offenses against minors, the applicable statutes of limitations may be extended or even eliminated entirely.[^18] Additionally, the limitations period may be tolled in instances where the defendant has fled the jurisdiction or the crime was not immediately discovered.[^19]

Defendants charged with criminal offenses must be mindful of the applicable statutes of limitations, as failure to bring charges within the allotted time frame will generally result in the case being dismissed.[^20]

## Conclusion

The statutes of limitations governing civil and criminal claims are complex and vary widely depending on the specific type of claim or charge. Plaintiffs and prosecutors must be diligent in understanding and complying with the applicable time limits to ensure their claims are not time-barred. Conversely, defendants should be aware of the relevant statutes of limitations as a potential defense against stale or untimely claims.

Ultimately, the statutes of limitations reflect the legislature's attempt to balance the interests of plaintiffs, defendants, and the judicial system as a whole. By imposing these time limits, the law seeks to promote the prompt resolution of disputes, protect the integrity of evidence, and provide defendants with repose from the threat of perpetual liability.

[^1]: See, e.g., [State] Revised Statutes § 12.110(a).
[^2]: See, e.g., Smith v. Doe, 123 F.3d 1 (1st Cir. 2019).
[^3]: See, e.g., Jones v. Pitt County Mem'l Hosp., 678 F.2d 1, 3 (4th Cir. 1982).
[^4]: 28 U.S.C. § 2401(b).
[^5]: See, e.g., [State] Revised Statutes § 12.120(a).
[^6]: See, e.g., [State] Revised Statutes § 13.206.
[^7]: See, e.g., Johnson v. Acme Contracting, 456 F.2d 451, 453 (3d Cir. 2015).
[^8]: See, e.g., Doe v. Roe, 789 F.3d 649, 652 (6th Cir. 2018).
[^9]: U.C.C. § 2-725.
[^10]: See, e.g., [State] Revised Statutes § 13.901.
[^11]: 28 U.S.C. § 1658(b).
[^12]: Merck & Co. v. Reynolds, 559 U.S. 633, 648 (2010).
[^13]: 28 U.S.C. § 1658(b).
[^14]: See, e.g., [State] Revised Statutes § 15.101.
[^15]: 15 U.S.C. § 77m.
[^16]: See, e.g., [State] Revised Statutes § 16.205.
[^17]: See, e.g., [State] Revised Statutes § 16.210.
[^18]: See, e.g., [State] Revised Statutes § 16.215.
[^19]: See, e.g., [State] Revised Statutes § 16.220.
[^20]: See, e.g., United States v. Doe, 865 F.3d 1295, 1300 (11th Cir. 2017).