Statute of Limitations Calculator (2026)
Don’t lose your right to sue. Use our legal deadline calculator to instantly find the filing limit for your case across all 50 states.
How to Calculate Statute of Limitations: Step-by-Step
Every civil lawsuit in the United States has an expiration date. This legal deadline is known as the “Statute of Limitations.” If you fail to file your paperwork with the court before this date, your case will be dismissed “with prejudice,” meaning you lose your right to sue forever.
Using a deadline cal (calculator) is the safest way to avoid this mistake. Here is the manual formula:
- Identify the Cause of Action: Is it a bodily injury, a breach of contract, or fraud? Different claims have different time limits.
- Find the Accrual Date: This is the day the “clock” starts ticking. Usually, it is the date of the accident or breach.
- Add the Statutory Period: Add the number of years allowed by your state (e.g., +2 years for injury in Texas) to the accrual date.
- Check for Tolling: Determine if any legal reasons exist to pause the clock.
How to Calculate Tolling Statute of Limitations
A common question is “how to calculate tolling statute of limitations”. “Tolling” is a legal term for pausing the countdown clock. The statute of limitations does not run during a tolling period.
Common reasons for tolling include:
- Minority: If the victim is under 18, the clock typically does not start ticking until their 18th birthday.
- Incapacity: If the plaintiff is mentally incompetent or in a coma.
- Defendant Absence: If the person you are suing leaves the state to hide, the clock may pause until they return.
- Bankruptcy: An automatic stay in bankruptcy court tolls most civil lawsuits.
The Discovery Rule: When Does the Clock Start?
Normally, the clock starts on the date of harm. However, in cases of medical malpractice, fraud, or toxic exposure (like asbestos), you might not know you were injured right away.
The Discovery Rule delays the start of the statute of limitations until the plaintiff “knew or reasonably should have known” about the injury. Our calculator dates are based on the standard incident date, so you must adjust if the discovery rule applies to you.
How to Calculate Statute of Limitations California
California has complex rules found in the Code of Civil Procedure (CCP). If you are searching for “how to calculate statute of limitations california”, here are the key deadlines:
- Personal Injury (CCP 335.1): 2 Years from the date of the accident.
- Written Contract (CCP 337): 4 Years from the date of breach.
- Oral Contract (CCP 339): 2 Years.
- Medical Malpractice (CCP 340.5): 3 Years from the date of injury OR 1 year from discovery, whichever comes first.
How to Calculate PAGA Statute of Limitations
For employees in California, the Private Attorneys General Act (PAGA) allows workers to sue for labor code violations. The question of “how to calculate paga statute of limitations” is critical for wage theft cases.
The PAGA Deadline: You typically have exactly 1 Year from the date of the last violation to file a notice with the LWDA (Labor and Workforce Development Agency). This is a strict deadline and is much shorter than standard wage claims.
Frequently Asked Questions
Is the calculator date guaranteed?
No. This legal date calculator provides an estimate based on general state statutes. It cannot account for specific court holidays, emergency orders (like during COVID-19), or specific tolling facts in your case.
What if the deadline falls on a weekend?
In most jurisdictions, if the statute of limitations expires on a Saturday, Sunday, or Court Holiday, the deadline is extended to the next business day. However, never wait until the last day to file.
Can I sue after the statute of limitations expires?
You can file the lawsuit, but the defendant will file a “Motion to Dismiss” based on the statute of limitations. Unless you can prove an exception (like fraud or tolling), the court will dismiss your case immediately.
Does this work as a court date calculator?
This tool calculates the filing deadline, not your court appearance date. Once you file your lawsuit, the court clerk will assign your hearing dates.
Disclaimer: This statute of limitations calculator is for educational purposes only and does not constitute legal advice. Laws change frequently. You should consult with a licensed attorney in your jurisdiction to confirm your specific filing deadline.