Statute of Limitations Calculator: How Long Do I Have to Sue?
How long you have to sue depends on your claim type and state. Personal injury runs 2 years in California, Texas, and Florida — 3 years in New York. Contract, fraud, malpractice, and defamation each have their own periods, sometimes with discovery-rule extensions. Select your state and claim type below for the exact deadline.
How long do I have to sue in California?
| Claim type | Period | Clock runs from | Statute | Notes |
|---|---|---|---|---|
| Personal injury | 2 years | date of injury | Cal. Code Civ. Proc. § 335.1 | |
| Medical malpractice | 1 year from discovery, or 3 years from the injury, whichever is earlier | date of discovery | Cal. Code Civ. Proc. § 340.5 | MICRA. 90-day pre-suit notice required. Extended for fraud, concealment, or a foreign object left in the body. |
| Wrongful death | 2 years | date of death | Cal. Code Civ. Proc. § 335.1 | |
| Property damage | 3 years | date of injury | Cal. Code Civ. Proc. § 338(b) | |
| Written contract | 4 years | date of breach | Cal. Code Civ. Proc. § 337 | |
| Oral contract | 2 years | date of breach | Cal. Code Civ. Proc. § 339 | |
| Fraud | 3 years | date of discovery | Cal. Code Civ. Proc. § 338(d) | Clock runs from discovery of the fraud. |
| Defamation (libel/slander) | 1 year | date of statement | Cal. Code Civ. Proc. § 340(c) | |
| Product liability | 2 years | date of injury | Cal. Code Civ. Proc. § 335.1 | |
| Debt collection | 4 years (written) | date of breach | Cal. Code Civ. Proc. § 337 | Open-book and oral accounts run 2 years (§ 339). |
How long do I have to sue in Texas?
| Claim type | Period | Clock runs from | Statute | Notes |
|---|---|---|---|---|
| Personal injury | 2 years | date of injury | Tex. Civ. Prac. & Rem. Code § 16.003(a) | |
| Medical malpractice | 2 years | date of malpractice or completion of treatment | Tex. Civ. Prac. & Rem. Code § 74.051 | 60-day pre-suit notice required. 10-year statute of repose. |
| Wrongful death | 2 years | date of death | Tex. Civ. Prac. & Rem. Code § 16.003(b) | |
| Property damage | 2 years | date of injury | Tex. Civ. Prac. & Rem. Code § 16.003(a) | |
| Written contract | 4 years | date of breach | Tex. Civ. Prac. & Rem. Code § 16.004 | |
| Oral contract | 4 years | date of breach | Tex. Civ. Prac. & Rem. Code § 16.004 | Texas applies the same 4-year period to oral and written contracts. |
| Fraud | 4 years | date of discovery | Tex. Civ. Prac. & Rem. Code § 16.004(a)(4) | Discovery rule applies. |
| Defamation (libel/slander) | 1 year | date of statement | Tex. Civ. Prac. & Rem. Code § 16.002(a) | |
| Product liability | 2 years | date of injury | Tex. Civ. Prac. & Rem. Code § 16.003 | 15-year statute of repose under § 16.012. |
| Debt collection | 4 years | date the debt became due | Tex. Civ. Prac. & Rem. Code § 16.004(a)(3) |
How long do I have to sue in Florida?
| Claim type | Period | Clock runs from | Statute | Notes |
|---|---|---|---|---|
| Personal injury | 2 years | date of injury | Fla. Stat. § 95.11(4)(a) | Reduced from 4 to 2 years by 2023 tort reform (HB 837), for causes accruing on or after March 24, 2023. |
| Medical malpractice | 2 years from discovery, 4 years maximum from the incident | date of discovery | Fla. Stat. § 95.11(5)(c) | 4-year repose, extended to 7 years for fraud or concealment. Pre-suit notice and investigation required. |
| Wrongful death | 2 years | date of death | Fla. Stat. § 95.11(4)(d) | |
| Property damage | 4 years | date of injury | Fla. Stat. § 95.11(3) | Negligence-based property damage may be 2 years following 2023 tort reform. |
| Written contract | 5 years | date of breach | Fla. Stat. § 95.11(2)(b) | |
| Oral contract | 4 years | date of breach | Fla. Stat. § 95.11(3)(k) | |
| Fraud | 4 years | date of discovery | Fla. Stat. § 95.11(3)(j) | 12-year statute of repose under § 95.031(2). |
| Defamation (libel/slander) | 2 years | date of statement | Fla. Stat. § 95.11(4)(g) | |
| Product liability | 2 years | date of injury | Fla. Stat. § 95.11(4) | 12-year repose for products with an expected useful life. Injury period cut to 2 years by 2023 tort reform. |
| Debt collection | 5 years (written) | date of breach | Fla. Stat. § 95.11(2)(b) | 4 years for open accounts and oral obligations. |
How long do I have to sue in New York?
| Claim type | Period | Clock runs from | Statute | Notes |
|---|---|---|---|---|
| Personal injury | 3 years | date of injury | N.Y. C.P.L.R. § 214 | |
| Medical malpractice | 2.5 years (30 months) | date of malpractice or last continuous treatment | N.Y. C.P.L.R. § 214-a | Lavern's Law: cancer misdiagnosis runs from discovery with a 7-year cap. |
| Wrongful death | 2 years | date of death | N.Y. E.P.T.L. § 5-4.1 | |
| Property damage | 3 years | date of injury | N.Y. C.P.L.R. § 214 | |
| Written contract | 6 years | date of breach | N.Y. C.P.L.R. § 213(2) | |
| Oral contract | 6 years | date of breach | N.Y. C.P.L.R. § 213(2) | New York applies the same 6-year period to oral and written contracts. |
| Fraud | 6 years, or 2 years from discovery, whichever is later | date of fraud | N.Y. C.P.L.R. § 213(8) | Discovery prong can extend the deadline beyond the 6-year floor shown here. |
| Defamation (libel/slander) | 1 year | date of statement | N.Y. C.P.L.R. § 215(3) | |
| Product liability | 3 years | date of injury | N.Y. C.P.L.R. § 214 | |
| Debt collection | 6 years | date of breach | N.Y. C.P.L.R. § 213(2) | 3 years for consumer credit and card debt under the Consumer Credit Fairness Act, § 214-i. |
Frequently asked questions
What is a statute of limitations?
A statute of limitations is a state law that sets the maximum time you have to file a civil lawsuit after a claim arises. If you file after the deadline, the defendant can move to dismiss the case as time-barred, and courts routinely grant those motions. Each type of claim has its own period, and each state sets its own periods within federal constitutional limits.
What happens if I miss the statute of limitations?
You lose the legal right to sue on that claim. The defendant will raise the statute of limitations as an affirmative defense, and the court will dismiss the case. There are narrow exceptions — the discovery rule, tolling for minor plaintiffs or during a defendant's absence from the state, fraudulent concealment — but they don't apply to most claims. Filing on time is the safest strategy.
Does the clock start at injury or at discovery?
For most personal injury claims, the clock starts on the date of injury — when the harm occurred. For fraud and some malpractice claims, the discovery rule applies: the clock starts when the plaintiff discovered or reasonably should have discovered the harm. California and Florida use a discovery rule for medical malpractice with a hard cap (statute of repose); Texas uses date-of-injury or completion of treatment with a separate repose; New York has Lavern's Law for cancer misdiagnosis.
Are there exceptions to the statute of limitations?
Yes. The common ones are the discovery rule (clock runs from when the harm was or should have been discovered), tolling during the plaintiff's minority or incapacity, tolling during the defendant's absence from the state, fraudulent concealment, and continuing violations. Many states also have separate statutes of repose that cap total exposure regardless of when the plaintiff discovered the claim (Texas has a 15-year repose for products, Florida 12 years). Consult a licensed attorney to determine which exceptions apply to your specific facts.
Related coverage
- Employment law — wrongful termination, retaliation, and discrimination deadlines are often shorter than civil statutes of limitations (EEOC's 180/300-day charge windows are jurisdictional).
- Small business — contract disputes and business torts, including the written-vs-oral contract distinction that changes periods dramatically in some states.
- Tax debt — debt collection lawsuits are governed by the state statute of limitations shown above, while the IRS has its own 10-year Collection Statute Expiration Date (CSED) under IRC § 6502.
This tool provides general information about statutes of limitations based on current state statutes at time of authoring. It is not legal advice, does not create an attorney–client relationship, and is not a substitute for a licensed attorney in your jurisdiction. Tolling rules, discovery-rule specifics, statutes of repose, pre-suit-notice requirements, and recent legislative changes can materially change the actual deadline in your case. Consult an attorney before relying on any date shown here.