Why Isn't There Just One Deadline?
There is no single "statute of limitations" that applies to all lawsuits. Every state legislature creates a schedule of limitations based on the specific "cause of action." The length of time allowed is usually determined by the reliability of the evidence typically used in that type of case.
1. Libel, Slander, and Intentional Torts (Shortest: 1 Year)
Claims for defamation often have the shortest limits (frequently 1 year). This is because reputation damage happens immediately, and the context of the speech is quickly lost. Similarly, intentional torts like assault are often "he said/she said" situations where memory is crucial, so courts want these filed while memories are fresh.
2. Personal Injury (Short: 2-3 Years)
Most states allow 2 to 3 years for negligence claims (car accidents, slip and falls). This balances the victim's need to recover from injuries with the need to preserve physical evidence (skid marks, bruises, vehicle damage) that disappears quickly.
3. Oral Contracts (Medium: 2-4 Years)
Verbal agreements are legally binding but hard to prove. Because they rely entirely on human memory ("He said he would pay me back"), legislatures limit the time to sue to ensure witness testimony is somewhat reliable.
4. Written Contracts (Long: 4-10 Years)
Written contracts have some of the longest statutes of limitations. This is because the contract itself-the physical document-is durable evidence. It doesn't fade like a memory or heal like a bruise. As long as the document exists, the terms can be proven, so the law allows more time to sue.
5. Recovery of Real Property (Longest: 10-20 Years)
Disputes over land ownership (adverse possession) often have limits of 10, 15, or even 20 years. Land is permanent, and removing someone's property rights is a serious matter that requires a long history of use or neglect.