⏱️ Statute of Limitations Calculator

What Is a Statute of Limitations?

A statute of limitations (called a "limitation period" in the UK) is the legal deadline for bringing a court claim. Once the period expires, the defendant can raise "limitation" as a complete defence and the court will dismiss the claim — no matter how strong it is. Time limits exist to ensure claims are brought while evidence is fresh and to give defendants certainty that they won't face legal action indefinitely.

Limitation is one of the most important concepts in civil litigation, and missing a deadline is one of the most serious — and irreversible — mistakes a claimant can make. Even a compelling, well-evidenced claim can be struck out if it is filed one day too late.

UK Limitation Periods: The Key Rules Under the Limitation Act 1980

In England and Wales, limitation periods are governed primarily by the Limitation Act 1980. The core periods are:

• Personal injury: 3 years from the date of injury or date of knowledge (whichever is later)
• Simple contract: 6 years from the date of breach
• Contract under deed: 12 years from the date of breach
• Negligence (property damage): 6 years from the date damage occurred
• Defamation and malicious falsehood: 1 year from publication
• Land / recovery of land: 12 years
• Mortgage debt: 12 years for the capital; 6 years for interest
• Judgment debts: 6 years from the date of judgment

Scotland operates under the Prescription and Limitation (Scotland) Act 1973 with different periods — most claims prescribe after 5 years in Scotland, not 6. Northern Ireland has its own Limitation (Northern Ireland) Order 1989.

The Date of Knowledge Rule in Personal Injury

One of the most important — and misunderstood — aspects of the limitation rules is the "date of knowledge" rule in personal injury and clinical negligence. The 3-year period runs from the later of:

• The date the injury was caused; or
• The date you first knew (or ought reasonably to have known) that: the injury was significant; the injury was caused by an act or omission of the defendant; and the defendant's identity

This matters enormously in cases involving industrial disease (asbestosis, vibration white finger, industrial deafness), where symptoms develop slowly over years after exposure. A claimant who was exposed to asbestos in 1980 but was not diagnosed with mesothelioma until 2024 would have 3 years from the 2024 diagnosis — not from 1980 — to bring a claim.

Similarly, in clinical negligence cases, the 3-year clock often runs from when you were told (or should have realised) that the medical treatment was substandard, not from the date of the procedure itself.

The Court's Discretion to Extend Time in Personal Injury

Under section 33 of the Limitation Act 1980, courts have discretion to allow a personal injury or fatal accident claim to proceed even after the 3-year period has expired, if it is equitable to do so. The court weighs:

• The length of and reasons for the delay
• The effect of the delay on the cogency of evidence
• The conduct of the defendant
• The duration of any disability of the claimant
• The extent to which the claimant acted promptly once they knew facts giving rise to the claim
• The steps taken to obtain medical or legal advice

Section 33 discretion is not easily granted — courts do not routinely extend time simply because a claimant missed the deadline due to inaction. However, where there are genuine reasons for delay (mental health issues, late discovery of the link between injury and act, etc.), a successful s.33 application is possible. Do not rely on this discretion as a safety net.

Tolling — When the Clock Pauses

"Tolling" is the US term for pausing the statute of limitations. The UK equivalent is "disability" under the Limitation Act 1980 — section 28 provides that where a claimant was under a disability (a minor, or a person lacking mental capacity) when the cause of action accrued, the limitation period does not start until the disability ceases.

Other situations where the clock pauses or is delayed:

• Fraud or deliberate concealment: If the defendant deliberately concealed the cause of action, time runs from when the claimant discovered (or could with reasonable diligence have discovered) the concealment
• Mistake: For claims based on mistake, time runs from when the claimant discovered the mistake
• ACAS early conciliation (employment cases): The employment tribunal time limit is paused during ACAS conciliation
• Moratorium (insolvency): Limitation may be affected when a defendant company enters administration

US Statutes of Limitations by Claim Type

In the United States, limitation periods vary by state and by the type of claim. The following ranges are typical:

• Personal injury: 1–6 years (most common: 2–3 years). Louisiana: 1 year. Maine: 6 years.
• Medical malpractice: 1–3 years, typically running from date of discovery. Many states have an absolute "statute of repose" that cuts off all claims 7–10 years after the act regardless of discovery.
• Written contracts: 3–10 years (most common: 4–6 years)
• Oral/implied contracts: 2–5 years
• Fraud: 2–6 years, often from date of discovery
• Defamation: 1–3 years (most states: 1–2 years)
• Federal civil rights claims (42 USC §1983): Borrowed from state personal injury law — typically 2–3 years

Most states toll the statute for minors (until age 18) and for those lacking mental capacity. Some states toll when the defendant is absent from the state.

What To Do If a Deadline Is Approaching

If you think a limitation deadline may be within the next 6–12 months, treat it as urgent. Steps to take:

• Consult a solicitor or attorney immediately — do not wait until the last week
• Preserve all evidence now — documents, photographs, medical records, witness details
• In the UK, for personal injury, consider whether you can send a letter of claim to the defendant before the deadline, as this can in some circumstances affect the defendant's obligations and may prompt early settlement
• In employment cases, contact ACAS immediately — you must start ACAS conciliation before filing an ET claim, and conciliation takes time
• If a deadline has already passed, still seek advice — there may be options — a s.33 application in personal injury, or a defendant who has not raised limitation in their defence may lose the right to rely on it.

Frequently Asked Questions

Does limitation apply to criminal cases?

In England and Wales, most serious criminal offences (murder, rape, serious fraud) have no limitation period. Minor summary offences in the Magistrates' Court must generally be charged within 6 months. In the US, serious felonies including murder typically have no statute of limitations, but many lesser offences do.

Does limitation apply to tax debts?

HMRC has its own powers of assessment under tax legislation — the Taxes Management Act 1970 — which are separate from the Limitation Act. HMRC can generally assess unpaid income tax or CGT going back 4 years (careless errors) or 20 years (deliberate non-disclosure). The ordinary Limitation Act does not apply to HMRC assessments.

What if I only recently discovered I had a claim?

The "date of knowledge" rule may extend your time. In personal injury and clinical negligence, time runs from when you knew (or ought to have known) about the injury and its cause, not necessarily from when it happened. Always take legal advice promptly — do not assume your claim is time-barred without speaking to a solicitor.