Statute of Limitations Calculator
Determine how many years you still have to file a lawsuit, based on the time elapsed since the incident, the claim type, and the discovery rule. Critical for anyone evaluating whether their lawsuit is still timely.
Last updated: September 2026
Formula below · 1 source (Wikipedia) · Updated Sep 2026
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About this calculator
A statute of limitations is the legally prescribed window within which a plaintiff must file a lawsuit. Miss it and the court will almost certainly dismiss the case. The period depends on your state and the type of claim: personal injury is 2 years in most states (1 year in a few, 3 or more in others), written-contract claims often 4–6 years, so look up the exact period and pick it from the menu. The time remaining is measured two ways. Incident path: the period runs from the incident, but for a plaintiff who was a minor it is tolled (paused) until the 18th birthday, the rule in most states. Discovery path: under the discovery rule the clock starts when the plaintiff knew or should have known about the injury, which matters most in medical malpractice and latent-injury cases. Formula: years left = max(max(0, 18 − ageAtIncident) + period − yearsSinceIncident, period − yearsSinceDiscovery). A negative result means the deadline has already passed. Many states limit minor tolling and the discovery rule for some claims (for example medical malpractice statutes of repose), so confirm with a lawyer.
How to use
Suppose a personal-injury claim in a state with a 2-year limitations period. It has been 0.5 years since both the incident and your discovery of it, and you are an adult. Incident path: 2 − 0.5 = 1.5 years left. Discovery path: 2 − 0.5 = 1.5 years left. The calculator returns 1.5 years. If you were 15 at the incident, the period is tolled until 18: incident path = 3 + 2 − 0.5 = 4.5 years left.
Frequently asked questions
What happens if I miss the statute of limitations deadline for my lawsuit?
Missing the statute of limitations is almost always fatal to a lawsuit. The defendant can file a motion to dismiss on timeliness grounds, and courts routinely grant it regardless of the merits of the underlying claim. There are narrow equitable exceptions — such as fraudulent concealment by the defendant or the plaintiff being incapacitated — but these are difficult to prove and not available in every jurisdiction. This is why attorneys treat deadline tracking as one of the most critical aspects of case intake; even a single day past the deadline can bar a valid claim forever.
How does the discovery rule extend the statute of limitations?
The discovery rule holds that the limitations clock does not start until the plaintiff discovered, or reasonably should have discovered, the injury and its cause. It applies most often in medical malpractice cases where harm is not immediately apparent, toxic-exposure cases where illness develops years later, and fraud cases where the wrongdoing is deliberately concealed. Courts apply an objective standard: when would a reasonable person in the plaintiff's position have known enough to investigate? The discovery date you enter in this calculator should reflect the date you first learned — or clearly should have learned — that you were harmed and that someone else was responsible.
When is the statute of limitations tolled for minors or incapacitated plaintiffs?
Tolling pauses the limitations clock for plaintiffs who cannot legally protect their own rights. For minors, most states toll the statute until the child reaches age 18, at which point the full limitations period begins to run. For mentally incapacitated adults, tolling typically applies for the duration of the incapacity. Some states impose an outer cap — for example, no claim may be brought more than 10 years after the incident even if the plaintiff was a minor. This calculator applies the common rule (tolling until 18) from the age you enter; because tolling rules are highly state-specific, always confirm with a licensed attorney in your jurisdiction.