Every legal claim has a “statute of limitations”. (For the record, not a “statue of limitations“).
Generally, a statute of limitations is a law that bars claims after a specific period, namely, a statute establishing a time limit for suing in a civil case, measured from the date the claim accrued.
As explained by the U.S. Supreme Court:
Statutes of limitation, like the equitable doctrine of laches, in their conclusive effects are designed to promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared. The theory is that even if one has a just claim it is unjust not to put the adversary on notice to defend within the period of limitation and that the right to be free of stale claims in time comes to prevail over the right to prosecute them. Here, while the litigation shows no evidence of reckless haste on the part of either party, it cannot be said that the claims were not timely pursued.
Order of Railroad Telegraphers v. Railway Express Agency, 64 S.Ct. 582, 321 U.S. 342 (U.S. 1944).
Thus, in every case, for every claim it must be determined: (1) which statute of limitations applies; (2) when the claim “accrued”; and (3) when the statute of limitations expires.
In New York, statutes of limitations for many claims are governed by Article 2 of the Civil Practice Law and Rules (CPLR) (CPLR 201-218).
Additional statutes may come into play, depending on the nature of the claim and the alleged wrongdoer. For example, where one wishes to commence a civil lawsuit against a governmental/municipal entity, they must first file a “Notice of Claim,” typically within very short and strict deadlines. See, e.g., General Municipal Law § 50–e(1)(a).
Another example is where one intends to file an employment discrimination lawsuit under Title VII of the Civil Rights Act of 1964. For that, the complainant must first file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) (in New York, within 300 days of the alleged discriminatory practice), and then in federal court within 90 days of receipt of a “Right to Sue Letter” from the EEOC.
If a legal claim is not timely asserted – colloquially, the statute of limitations is “blown” – the complaining party will be forever barred from pursuing it. In order to avoid any complications, it is always best to file a legal claim far in advance of the applicable statute of limitations.