Understanding The Statute Of Limitations: How Long Do You Have To File A Lawsuit

personal injury lawyer Dallas, TX

The Importance Of Timing In Legal Action

When pursuing a legal case, it is understandable that a lot may be happening in your life, and you may take time before initiating legal action. However, time is the number one factor in pursuing legal action. It is crucial to begin as quickly as possible when you have the opportunity. The statute of limitations is the maximum amount of time you have after an event to take legal action. Some cases have strict statutes of limitations, meaning that if you exceed the time limit for filing your case, it may be dismissed. To avoid this, it is essential to file promptly. A Dallas, TX personal injury lawyer can help to make sure that this gets done in a timely manner.

Statutes Of Limitations In Criminal Cases

The statute of limitations sets a deadline after which state prosecutors cannot file charges, regardless of the strength of the evidence. Examples of crimes with statutes of limitations include theft or larceny, generally three to six years in the U.S.; assault and battery, typically one to three years; and fraud or embezzlement, generally two to five years depending on the time of discovery.

Some crimes have no statute of limitations, meaning they can be prosecuted at any time, no matter how long after the crime occurred. Examples include murder in the U.S., which has no statute of limitations, and sexual offenses involving minors, which in most jurisdictions also have no statute of limitations. According to the U.S. Department of Justice (DOJ), 20% of all violent crimes go uncharged due to missed statute of limitations deadlines.

Statutes Of Limitations In Civil Cases

In civil cases, statutes of limitations apply to lawsuits such as breach of contract, personal injury, and more. Personal injury cases typically have a strict two-year statute of limitations. Medical malpractice generally ranges from one to three years, though some states allow extensions if additional injuries are discovered. Breach of contract cases vary, but most states have a four- to six-year statute. Wrongful death suits are generally strict with a two-year statute, though extensions may be possible in certain circumstances. Whether civil or criminal, failing to meet the statute of limitations deadline can result in losing the opportunity to obtain justice or recover damages.

Risks Of Waiting To File A Case

Waiting too long to file a case carries significant risks, highlighting the importance of acting quickly. Risks include being barred from compensation you would have received if filed on time, limited access to legal resources even if new evidence emerges, and the diminishment of evidence over time. These risks emphasize why it is crucial to start legal action as soon as possible to avoid issues with statutes of limitations.

Help Is Available

Brandy Austin Law Firm, based in Arlington, Texas, is a full-service law firm offering legal representation in various practice areas, including family law, personal injury, estate planning, probate, business law, civil litigation, defamation, elder law, guardianship, limited scope services, and immigration. We have 24/7 live answering. Reach out to us any time of the day or night, any day of the year.

References

Understanding the Statute of Limitations: Legal Deadlines. (n.d.). Ben Crump. Retrieved October 1, 2025, from https://bencrump.com/statute-of-limitations-overview/