The statute of limitations is a legal phrase that refers to the time deadline to file a lawsuit or press criminal charges. It is defense to a lawsuit or charges that a claim is barred by the statute of limitations that must be raised by the Defendant.

Most people refer to the statute of limitations in civil cases. In most civil cases, the statute of limitations is three years. So, if you are injured a motor vehicle accident, you must sue all responsible parties within three years or your claim will be forever barred. In a breach of contract case, the statute of limitations is three years from the date of the breach of the contract by the Defendant. So, if you sign a contract for a loan on your house, the breach is when you miss the first payment. Note that if the contract is signed under seal, then the statute of limitations is 12 years.

Some torts have very short statute of limitations. If you sue for assault or defamation, then the statute of limitations is only one year. Assault is different than battery where the statute of limitations is still three years for the latter.

In addition to the statute of limitations, some claims against governmental agencies require formal notice under the Local Government Tort Claims Act, the Maryland Tort Claims Act, and the Federal Tort Claims Act. The failure to provide proper notice under these laws will bar a lawsuit even if it is filed within the statute of limitations. Medical malpractice cases have special rules that apply to the statute of limitations which is beyond the scope of this blog.

In certain tort cases, the statute of limitations may not begin to run until the Defendant knew or should have known of the tort claim. This happens in many cases where the Defendant is a victim of fraud. Note that the statute will begin to run when the Plaintiff is placed on "inquiry notice" where the Plaintiff should begin to investigate. It is better not to rely on the argument that the statute did not begin to run until later because it creates an issue in the case.

Some crimes also have a statute of limitations. There is a two year statute of limitations for misdemeanor theft (but no statute of limitations for felony theft). There is a one year statute of limitations for minor traffic citations. For most criminal charges, there is no statute of limitations.

Different states have different statutes of limitations. If your claim arises in another state, you will need to check the statute of limitations. If you have a question about the statute of limitations, feel free to give us a call.