Everyone has heard the phrase “statute of limitations” including in standup comedy – but SOLs, as they are commonly called, are incredibly important in deciding when and how to hire legal counsel to protect your rights.
A statute of limitations is a complete bar preventing you from bringing your claim after it has expired. All states have common statutes of limitations. For example, Utah has the following:
Utah Statutes of Limitations
| Cause of Action | Time Limit | Code Section |
|---|---|---|
| Libel / Slander / Defamation | 1 year | § 78B-2-302(4) |
| False Imprisonment | 1 year | § 78B-2-302(4) |
| Medical Malpractice | 2 years from discovery | § 78B-3-404 |
| Property Damage | 3 years | § 78B-2-305(2) |
| Fraud | 3 years from discovery | § 78B-2-305(3) |
| Trespass / Injury to Real Property | 3 years | § 78B-2-305(1) |
| Personal Injury | 4 years | § 78B-2-307(3) |
| Oral Contract | 4 years | § 78B-2-307(1) |
| Written Contract | 6 years | § 78B-2-309(1) |
Texas, as another example, has these statute of limitations under Texas Civil Practice and Remedies Code (CPRC) Title 2, Chapter 16:
Texas Statutes of Limitations
| Cause of Action | Time Limit | Code Section |
|---|---|---|
| Libel / Slander / Defamation | 1 year | CPRC § 16.002 |
| Personal Injury | 2 years | CPRC § 16.003 |
| Property Damage* | 2 years | CPRC § 16.003 |
| Wrongful Death | 2 years | CPRC § 16.003 |
| Trespass* | 2 years | CPRC § 16.003 |
| Medical Malpractice* | 2 years | CPRC § 16.003 |
| Assault & Battery* | 2 years | CPRC § 16.003 |
| Breach of Written Contract | 4 years | CPRC § 16.004 |
| Breach of Oral Contract | 4 years | CPRC § 16.004 |
| Fraud | 4 years | CPRC § 16.004 |
And, in California common statutes of limitation are:
California Statutes of Limitations
| Cause of Action | Time Limit | Code Section |
|---|---|---|
| Libel / Slander / Defamation | 1 year | CCP § 340 |
| False Imprisonment | 1 year | CCP § 340 |
| Personal Injury | 1 year from discovery, or 3 years from injury — whichever comes first | CCP § 335.1 |
| Wrongful Death | 2 years | CCP § 335.1 |
| Assault & Battery | 2 years | CCP § 335.1 |
| Breach of Oral Contract | 2 years | CCP § 339 |
| Fraud | 3 years | CCP § 338(d) |
| Medical Malpractice* (Professional Negligence) | CCP § 340.5 creates two separate statutes of limitations, both of which must be satisfied. First, the plaintiff must file within one year after they first discover the injury and its negligent cause. Second, they must file within three years after date of injury. | CCP § 340.5 |
| Property Damage | 3 years | CCP § 338 |
| Trespass | 3 years | CCP § 338 |
| Breach of Written Contract | 4 years | CCP § 337 |
*Statutes of limitations statutes do not generally list every type of cause of action, and instead include umbrella clauses that cover everything else not specifically mentioned.
**Statutes of limitations typically start running from the date of discovery of the injury. It is important to talk to competent legal counsel in determining when your claim timeframe is set to expire.
***Statutes of limitations may be changed by the State legislature from time-to-time. They should be regularly checked (and double-checked). The forgoing table should not be construed as legal advice. The attorneys at the Pia Hoyt law firm are happy to help you with any questions about the applicable statute of limitations for your claim.
