Understanding Statutes of Limitations: Your Complete Guide to Legal Filing Deadlines

A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Once this deadline passes, the claim is typically barred forever, regardless of its merit. Understanding these deadlines is crucial for anyone considering legal action.

Why Filing Deadlines Matter

Missing a statute of limitations deadline is one of the most common and devastating mistakes in civil litigation. Courts strictly enforce these deadlines, and even the strongest case will be dismissed if filed too late. There are very few exceptions to this rule.

The Purpose of Statutes of Limitations

Statutes of limitations serve several important purposes in our legal system:

  • Preservation of Evidence: Over time, evidence deteriorates, witnesses forget details, and documents get lost. Limitations periods encourage timely filing while evidence is still fresh and reliable.
  • Fairness to Defendants: People and businesses should not have to defend against claims indefinitely. At some point, potential defendants deserve closure and the ability to move on with their lives.
  • Judicial Efficiency: Stale claims are harder to adjudicate fairly. By encouraging timely filing, limitations periods help courts resolve disputes more efficiently and accurately.
  • Encouraging Diligence: Plaintiffs who know they have limited time to act are more likely to investigate their claims promptly and preserve necessary evidence.

How Statutes of Limitations Work

The basic concept is straightforward: the clock starts running when the cause of action "accrues" (typically when the wrongful act occurs or the injury is discovered), and you have a specific number of years to file suit. However, the details can be complex:

When the Clock Starts

In most cases, the limitations period begins when the injury occurs. However, many states recognize the "discovery rule," which delays the start until the plaintiff discovers or reasonably should have discovered the injury and its cause. This is particularly important in fraud and medical malpractice cases where the harm may not be immediately apparent.

Calculating the Deadline

If a state has a 2-year statute of limitations for personal injury and your accident occurred on January 15, 2023, you would generally have until January 15, 2025 to file suit. However, various tolling provisions may extend this deadline under certain circumstances.

What "Filing" Means

To meet the deadline, you typically must file your complaint with the court and serve the defendant. Simply sending a demand letter or beginning settlement negotiations does not stop the clock. Make sure you understand exactly what your jurisdiction requires.

Consequences of Missing the Deadline

If you file after the statute of limitations has expired, the defendant can raise it as an affirmative defense. In most cases, this results in immediate dismissal of your case. The court will not consider the merits of your claim, no matter how strong your evidence or how egregious the defendant's conduct.

Important Warning

Always verify the applicable statute of limitations with a licensed attorney. The information in this calculator is for general educational purposes only and should not be relied upon as legal advice. Deadlines can vary based on specific facts, and missing your deadline has permanent consequences.

Using This Calculator

Our Statute of Limitations Calculator helps you estimate your filing deadline based on:

  1. Claim Type: Different claims (personal injury, contracts, fraud, etc.) have different limitation periods.
  2. State: Each state sets its own deadlines, which can vary significantly.
  3. Date of Incident: The date the wrongful act occurred or injury happened.
  4. Discovery Date: If applicable, when you discovered or should have discovered the harm.
  5. Tolling Factors: Circumstances that may pause or extend the deadline.

While this calculator provides useful estimates, it cannot account for all the nuances of your specific situation. Use it as a starting point, then consult with an attorney to confirm your actual deadline.

Types of Legal Claims and Their Filing Deadlines

Different types of civil claims have different statutes of limitations. Understanding which category your claim falls into is the first step in determining your deadline.

Personal Injury Claims

Personal injury claims arise when someone's negligence or intentional conduct causes physical harm to another person. These claims typically have relatively short limitation periods, ranging from 1-6 years depending on the state.

Common Personal Injury Cases:

  • Car, truck, and motorcycle accidents
  • Slip and fall accidents (premises liability)
  • Dog bites and animal attacks
  • Assault and battery
  • Product liability (defective products)
  • Workplace injuries (outside workers' compensation)
  • Nursing home abuse and neglect

Personal Injury Deadlines by State

Most states have 2-3 year statutes of limitations for personal injury. Notable exceptions include Kentucky and Louisiana (1 year), Maine and North Dakota (6 years), and California (2 years with some exceptions).

Contract Claims

Contract claims arise from breach of an agreement between parties. Many states distinguish between oral (verbal) contracts and written contracts, with written contracts typically having longer limitation periods.

Oral Contracts

Verbal agreements are enforceable but harder to prove and typically have shorter limitation periods (2-6 years in most states). Examples include handshake deals, verbal employment agreements, and informal loan arrangements.

Written Contracts

Signed, written agreements usually have longer limitation periods (4-15 years) because the terms are documented and disputes are easier to resolve. Examples include leases, business contracts, and loan agreements.

Fraud Claims

Fraud occurs when someone intentionally deceives another for financial gain. Because fraud is often concealed, many states apply the discovery rule, starting the clock when the victim discovers or should have discovered the fraud.

Types of Fraud:

  • Securities fraud and investment schemes
  • Real estate fraud
  • Consumer fraud and false advertising
  • Insurance fraud
  • Identity theft and financial fraud
  • Fraudulent concealment

Medical Malpractice

Medical malpractice claims have unique rules in most states, including shorter limitation periods, mandatory pre-suit requirements, and damage caps. Many states also have separate rules for when the statute begins to run.

Special Medical Malpractice Rules

Many states require expert certification before filing, mandatory mediation or arbitration, notice to the healthcare provider, or certificates of merit. These requirements can affect your timeline, so consult an attorney immediately if you suspect malpractice.

Medical Malpractice Examples:

  • Surgical errors and wrong-site surgery
  • Misdiagnosis or delayed diagnosis
  • Medication errors
  • Birth injuries
  • Failure to obtain informed consent
  • Hospital negligence

Employment Claims

Employment claims often involve multiple potential deadlines because some claims require administrative filing before a lawsuit can be brought.

Key Employment Deadlines:

  • EEOC Complaints: 180 or 300 days for federal discrimination claims
  • State Agency Complaints: Varies by state (often 180-365 days)
  • Wrongful Termination: State statute of limitations applies
  • Wage Claims: Often 2-3 years, sometimes longer for willful violations
  • FMLA Claims: 2 years (3 years for willful violations)

Property Damage

Property damage claims cover harm to real estate or personal property. These can arise from negligence, intentional acts, or breach of contract.

Examples:

  • Vehicle damage from accidents
  • Property damage from construction defects
  • Trespass and encroachment
  • Vandalism and malicious destruction
  • Damage from defective products

Defamation

Defamation claims (libel for written statements, slander for spoken) typically have very short limitation periods, often just 1-2 years. This reflects the fleeting nature of reputational harm and the importance of timely correction.

Defamation is Time-Sensitive

If you believe you've been defamed, act quickly. With limitation periods often just 1-2 years (or even shorter in some states), you may have less time than you think. Evidence like social media posts can also disappear quickly.

Statute of Limitations by State: A Comprehensive Reference

Every state sets its own statutes of limitations for civil claims. The differences can be dramatic - a personal injury claim might have a 6-year deadline in Maine but only a 1-year deadline in Louisiana. Understanding your state's specific rules is essential.

Why State Laws Differ

Each state's legislature decides what limitation periods are appropriate based on policy considerations, historical practice, and local legal culture. Some states favor plaintiffs with longer deadlines, while others favor defendants with shorter ones. There's no federal standard for most civil claims.

Which State's Law Applies?

Generally, the statute of limitations of the state where the incident occurred applies. However, "choice of law" issues can arise when:

  • The incident occurred in one state but the plaintiff lives in another
  • The defendant is located in a different state
  • A contract specifies which state's law governs
  • The harm was suffered in multiple states

Borrowing Statutes

Many states have "borrowing statutes" that may apply another state's shorter limitation period in certain circumstances. This is designed to prevent forum shopping by plaintiffs seeking longer deadlines.

State-by-State Personal Injury Deadlines

State Personal Injury Medical Malpractice Written Contract
Alabama2 years2 years6 years
Alaska2 years2 years3 years
Arizona2 years2 years6 years
Arkansas3 years2 years5 years
California2 years3 years4 years
Colorado2 years2 years6 years
Connecticut2 years2 years6 years
Delaware2 years2 years3 years
Florida4 years2 years5 years
Georgia2 years2 years6 years
Hawaii2 years2 years6 years
Idaho2 years2 years5 years
Illinois2 years2 years10 years
Indiana2 years2 years10 years
Iowa2 years2 years10 years
Kansas2 years2 years5 years
Kentucky1 year1 year15 years
Louisiana1 year1 year10 years
Maine6 years3 years6 years
Maryland3 years5 years3 years
Massachusetts3 years3 years6 years
Michigan3 years2 years6 years
Minnesota2 years4 years6 years
Mississippi3 years2 years3 years
Missouri5 years2 years10 years
Montana3 years3 years8 years
Nebraska4 years2 years5 years
Nevada2 years3 years6 years
New Hampshire3 years2 years3 years
New Jersey2 years2 years6 years
New Mexico3 years3 years6 years
New York3 years2.5 years6 years
North Carolina3 years3 years3 years
North Dakota6 years2 years6 years
Ohio2 years1 year8 years
Oklahoma2 years2 years5 years
Oregon2 years2 years6 years
Pennsylvania2 years2 years4 years
Rhode Island3 years3 years10 years
South Carolina3 years3 years3 years
South Dakota3 years2 years6 years
Tennessee1 year1 year6 years
Texas2 years2 years4 years
Utah4 years2 years6 years
Vermont3 years3 years6 years
Virginia2 years2 years5 years
Washington3 years3 years6 years
West Virginia2 years2 years10 years
Wisconsin3 years3 years6 years
Wyoming4 years2 years10 years
D.C.3 years3 years3 years

States with Shortest Deadlines

If your incident occurred in one of these states, time is especially critical:

  • Kentucky: Only 1 year for personal injury and medical malpractice
  • Louisiana: Only 1 year for most tort claims
  • Tennessee: Only 1 year for personal injury
  • Ohio: Only 1 year for medical malpractice

States with Longest Deadlines

These states provide more time to file:

  • Maine: 6 years for personal injury
  • North Dakota: 6 years for personal injury
  • Missouri: 5 years for personal injury
  • Kentucky: 15 years for written contracts (despite short injury deadline)

Tolling: When the Statute of Limitations Clock Stops

Tolling refers to the legal suspension or pausing of the statute of limitations period. Under certain circumstances, the clock stops running, giving the plaintiff additional time to file suit. Understanding tolling rules can mean the difference between preserving and losing your claim.

Common Tolling Situations

1. Plaintiff is a Minor

In almost every state, the statute of limitations is tolled while the plaintiff is a minor (under 18). The clock typically doesn't start running until the person turns 18. This recognizes that minors cannot bring lawsuits on their own behalf and may not understand their legal rights.

Minor Tolling Example

If a 10-year-old is injured in a state with a 2-year personal injury statute, the deadline wouldn't be 2 years from the accident. Instead, the clock would start on the child's 18th birthday, giving them until age 20 to file suit.

Important Exceptions:

  • Many states have absolute deadlines (statutes of repose) that cannot be extended
  • Medical malpractice claims often have special rules for minors
  • Claims against government entities may have shorter, non-tollable deadlines
  • Some states limit how long tolling can extend the deadline

2. Mental Incapacity

If the plaintiff is mentally incapacitated at the time of the injury, most states will toll the statute until:

  • The incapacity is removed (the person regains capacity)
  • A guardian or conservator is appointed
  • The person dies (allowing the estate to pursue the claim)

The definition of "mental incapacity" varies by state but generally means the person is unable to manage their own affairs or understand the nature of legal proceedings.

3. Defendant Absence from State

Many states toll the statute of limitations while the defendant is absent from the state. This prevents defendants from evading liability by simply leaving the jurisdiction.

Requirements typically include:

  • The defendant must have actually left the state
  • The plaintiff must have been unable to serve the defendant
  • Modern long-arm statutes may limit this tolling

4. Fraudulent Concealment

If the defendant actively conceals their wrongdoing, many states will toll the statute until the plaintiff discovers or should have discovered the fraud. This prevents wrongdoers from benefiting from their own deception.

Fraudulent Concealment Requirements

To invoke fraudulent concealment tolling, you typically must show: (1) the defendant actively concealed facts, (2) the plaintiff exercised reasonable diligence, and (3) the plaintiff did not know or could not have known about the claim.

5. Continuing Violation

When wrongful conduct continues over time, the statute may not begin until the last act of the violation. This is common in:

  • Employment discrimination (ongoing hostile work environment)
  • Environmental contamination (continuing pollution)
  • Contract breaches (ongoing failure to perform)
  • Nuisance claims (continuing interference with property)

6. Equitable Tolling

Courts sometimes apply equitable tolling when strict enforcement of the deadline would be unjust. This is rare and typically requires:

  • Extraordinary circumstances beyond the plaintiff's control
  • Due diligence in pursuing the claim
  • No prejudice to the defendant

When Tolling Doesn't Apply

Tolling provisions have limits. They typically do NOT apply when:

  • The plaintiff simply didn't know about the deadline
  • The plaintiff was too busy or didn't have money for an attorney
  • An absolute statute of repose has expired
  • The claim is against a government entity with non-tollable deadlines
  • The defendant was available for service despite absence

Proving Tolling

The burden is usually on the plaintiff to prove that tolling applies. This may require:

  • Medical records (for mental incapacity)
  • Birth certificates (for minority)
  • Evidence of defendant's absence (for absence tolling)
  • Evidence of concealment (for fraudulent concealment)

The Discovery Rule: When the Clock Really Starts

The discovery rule is one of the most important exceptions to traditional statute of limitations analysis. It delays the start of the limitations period until the plaintiff discovers, or reasonably should have discovered, the injury and its cause.

Why the Discovery Rule Exists

The traditional rule was that the statute began running when the wrongful act occurred or when the injury happened, regardless of whether the plaintiff knew about it. This created harsh results in cases where:

  • The injury wasn't immediately apparent (latent diseases, slow-developing conditions)
  • The cause wasn't obvious (defective products, medical errors)
  • The wrongdoing was concealed (fraud, fiduciary breaches)

The discovery rule addresses these situations by starting the clock when the plaintiff has enough information to know they may have a claim.

How the Discovery Rule Works

The Two-Part Test

Most states apply a two-part inquiry:

  1. Discovery of Injury: When did the plaintiff discover (or should have discovered) that they were injured?
  2. Discovery of Cause: When did the plaintiff discover (or should have discovered) what caused the injury?

The statute typically begins when both elements are known or should have been known.

Discovery Rule Example

A patient has surgery in 2020. In 2022, they develop complications and learn a surgical tool was left inside them. Even though the negligent act occurred in 2020, the discovery rule may start the clock in 2022 when the patient learned about the injury and its cause.

Claims Where Discovery Rule Commonly Applies

Medical Malpractice

Medical errors often aren't immediately apparent. A misdiagnosis might not be discovered until years later when a second opinion is sought. The discovery rule is widely applied in these cases.

Fraud Claims

By its nature, fraud involves concealment. It would be unfair to start the clock while the defendant is actively hiding their misconduct. Most states apply the discovery rule to fraud claims.

Product Liability (Latent Defects)

Defective products may not cause harm for years. Asbestos exposure, for example, can take decades to cause disease. The discovery rule protects plaintiffs in these cases.

Environmental Contamination

Pollution and toxic exposure cases often involve injuries that develop slowly over time. The discovery rule allows claims for injuries that weren't immediately apparent.

Legal Malpractice

Clients may not realize their attorney made an error until the underlying case is resolved or they consult another lawyer. The discovery rule is often applied.

The "Should Have Discovered" Standard

The discovery rule isn't unlimited. It incorporates an objective standard: the clock starts when the plaintiff knew OR reasonably should have known about the injury and its cause. This means:

  • Plaintiffs cannot bury their heads in the sand
  • Obvious warning signs trigger the duty to investigate
  • Information that would lead a reasonable person to investigate starts the clock
  • Willful ignorance or unreasonable delay is not protected

States Without Discovery Rule

While most states recognize the discovery rule in some form, application varies:

  • Some states apply it only to certain claim types
  • Some states have codified it by statute while others apply it through case law
  • Some states have strict occurrence rules for certain claims

Statutes of Repose

Even with the discovery rule, many states have "statutes of repose" that create absolute deadlines regardless of when discovery occurs. For example, a state might allow the discovery rule but impose a 10-year absolute deadline from the date of the act.

Discovery Rule vs. Statute of Repose

The discovery rule delays the start of the limitations period. A statute of repose creates an absolute deadline that cannot be extended regardless of discovery. Both may apply to the same claim, and the plaintiff must file before either deadline expires.

Frequently Asked Questions About Statutes of Limitations

Get answers to the most common questions about legal filing deadlines and how they affect your right to sue.

If you miss the statute of limitations deadline, you generally lose your right to sue forever. The defendant can raise the expired statute as an affirmative defense, and the court will dismiss your case without considering its merits. There are very limited exceptions, such as tolling provisions or equitable estoppel, but these are difficult to prove and rarely successful. This is why it's critical to act promptly and consult an attorney early.
Yes, in certain circumstances. The statute may be "tolled" (paused) for reasons like: the plaintiff being a minor or mentally incapacitated, the defendant being absent from the state, fraudulent concealment by the defendant, or the discovery rule applying to delay the start date. However, many states have absolute deadlines (statutes of repose) that cannot be extended under any circumstances. The availability and scope of these extensions varies significantly by state and claim type.
Generally, the statute of limitations of the state where the incident occurred applies. However, "choice of law" issues can arise when multiple states are involved (e.g., the plaintiff lives in one state, the defendant in another, and the incident occurred in a third). Many states also have "borrowing statutes" that may apply another state's shorter limitation period. Contract cases may be governed by the state specified in the contract. These issues can be complex and often require attorney analysis.
Claims against government entities often have much shorter deadlines and additional requirements. Many states require filing a notice of claim within 30-180 days before you can sue. Federal claims under the Federal Tort Claims Act have a 2-year statute of limitations but require administrative exhaustion first. These deadlines are often strictly enforced and tolling provisions may not apply. If your claim involves a government entity, consult an attorney immediately.
The discovery rule delays the start of the statute of limitations until the plaintiff discovers, or reasonably should have discovered, the injury and its cause. This is particularly important in cases where the harm isn't immediately apparent, such as medical malpractice, fraud, or latent product defects. Most states recognize some form of the discovery rule, but its application varies. Note that the rule includes an objective component - it starts when you "should have" discovered the harm, not just when you actually did.
In most states, the statute of limitations is tolled (paused) while the plaintiff is a minor. The clock typically starts running when the person turns 18. For example, if a child is injured at age 10 in a state with a 2-year personal injury statute, they would generally have until age 20 to file suit. However, many states have absolute deadlines that apply regardless of age, and claims against government entities may have non-tollable deadlines. A parent or guardian can file on behalf of a minor at any time during the minority.
When a defendant files for bankruptcy, an automatic stay goes into effect that temporarily prevents most lawsuits against them. The statute of limitations is typically tolled during this period. However, you may need to file a proof of claim in the bankruptcy proceeding to preserve your rights. The interaction between bankruptcy law and state statutes of limitations can be complex, so consult an attorney if your potential defendant has filed for bankruptcy.
No. Sending a demand letter, beginning settlement negotiations, or even hiring an attorney does NOT stop or pause the statute of limitations. The clock keeps running until you actually file your lawsuit with the court (and in some jurisdictions, serve the defendant). Many people mistakenly believe that taking preliminary steps buys them time, but this is not the case. Don't wait until the last minute to file, as unexpected delays can cause you to miss the deadline.
In many states, contracts can include provisions that shorten (but usually not eliminate) the statute of limitations for claims arising under the contract. These provisions are generally enforceable if reasonable. However, some states prohibit or limit such provisions, particularly in consumer contracts. The enforceability depends on state law, the type of contract, and whether the shortened period is reasonable. Read your contracts carefully for any limitation of actions clauses.
A statute of limitations sets a deadline that begins when the cause of action accrues (usually when the injury occurs or is discovered). Tolling provisions can extend this deadline. A statute of repose sets an absolute deadline measured from a specific event (like the date of a product's manufacture or the completion of construction), regardless of when the injury occurs or is discovered. Statutes of repose cannot be tolled and create a complete bar even if the plaintiff hasn't yet been injured.
Employment discrimination claims have multiple deadlines. For federal claims (Title VII, ADA, ADEA), you must first file with the EEOC within 180 days (or 300 days if your state has a fair employment agency). After receiving a right-to-sue letter, you have 90 days to file in federal court. State discrimination claims have their own deadlines. Wage and hour claims under the FLSA have a 2-year statute (3 years for willful violations). These overlapping deadlines make it essential to act quickly and consult an employment attorney.
Yes, but criminal statutes of limitations are separate from civil ones. This calculator addresses civil claims only. Criminal limitations periods vary by offense severity, with many serious felonies having no statute of limitations at all. A criminal prosecution being time-barred does not affect your ability to bring a civil lawsuit for the same conduct, and vice versa. The two proceed independently under different deadlines.
The discovery rule may help. Many states start the statute of limitations when you discover (or should discover) the injury and its cause, not when the product was used or purchased. However, many states also have statutes of repose that create absolute deadlines regardless of when symptoms appear. For example, a state might have a 2-year statute of limitations with a 10-year statute of repose - so if symptoms appear 12 years after purchase, the claim is barred. Consult an attorney about your specific situation.
Yes, you can often sue in a different state if you have personal jurisdiction over the defendant there. However, which state's statute of limitations applies depends on choice of law rules. If you're a resident of State A injured in State B by a defendant from State C, multiple statutes might potentially apply. Courts use various tests to determine which state's law governs. Additionally, some states have borrowing statutes that apply another state's shorter deadline. This analysis requires legal expertise.
If your deadline is approaching, take immediate action: (1) Contact an attorney TODAY - many offer consultations and can act quickly if needed. (2) Gather all documentation you have (photos, medical records, contracts, communications). (3) Identify potential defendants and witnesses. (4) Be prepared for the possibility that suit may need to be filed quickly, even before investigation is complete. (5) Don't wait or assume you have more time than you do.
Generally, engaging in mediation or arbitration does NOT automatically toll the statute of limitations unless there's a specific agreement or statute providing for tolling. Some contracts require arbitration before litigation and may toll the limitations period during arbitration. If you're in dispute resolution proceedings as your deadline approaches, you should either file a protective lawsuit or get a written agreement from the other side to toll the statute. Don't assume the clock has stopped.
Unfortunately, ignorance of your legal rights generally does not toll the statute of limitations. The law expects people to be aware of their rights and to investigate potential claims. The discovery rule may help if you didn't know about the injury or its cause, but simply not knowing you could sue for a known injury is not grounds for extension. This is why it's important to consult an attorney early if you've been harmed, even if you're unsure whether you have a valid claim.
This calculator provides general estimates based on standard statutes of limitations for common claim types. However, it cannot account for all variables that may affect your specific deadline, including: special rules for certain defendants (government entities, healthcare providers), specific procedural requirements, choice of law issues, all possible tolling provisions, recent changes in law, or factual nuances of your case. Always verify your deadline with a licensed attorney before relying on it. Use this calculator as a starting point, not a definitive answer.
Preserve everything potentially relevant to your claim: photographs, videos, documents, contracts, communications (emails, texts, letters), medical records, receipts, witness contact information, and any physical evidence. As time passes, evidence disappears and memories fade. Even if you're unsure whether something is relevant, keep it. Create a timeline of events. If electronic evidence is involved, make sure it's backed up. Evidence preservation can be as important as meeting the deadline itself.
Yes, a defendant can waive the statute of limitations defense, but this is rare. A defendant might agree in writing to extend the deadline (a "tolling agreement") during settlement negotiations. However, the defendant has no obligation to agree, and verbal promises are difficult to enforce. If you need more time, get any extension agreement in writing. Note that a defendant who doesn't raise the statute of limitations defense in their answer may waive it, but this is usually caught by defense attorneys.

Schedule a Legal Consultation

Calculating your statute of limitations deadline is just the first step. To fully understand your legal rights and options, you should consult with a qualified attorney who can:

  • Verify the exact deadline for your specific situation
  • Identify all applicable tolling provisions
  • Evaluate the strength of your potential claim
  • Explain any special requirements or procedures
  • Advise on evidence preservation and investigation
  • Discuss settlement possibilities and litigation strategy

Why Consult Early?

The sooner you consult an attorney, the more options you have. Early consultation allows time for proper investigation, evidence preservation, and strategic planning. Don't wait until your deadline is approaching - by then, important opportunities may have been lost.

Book Your 30-Minute Consultation

Speak with an experienced attorney about your potential claim. No obligation, completely confidential.

What to Prepare for Your Consultation

To make the most of your consultation, gather the following information beforehand:

  1. Timeline: Dates of key events (incident, discovery of harm, communications)
  2. Documentation: Any relevant documents, photos, or records
  3. Parties: Names and contact information for potential defendants and witnesses
  4. Damages: Information about your injuries, losses, and expenses
  5. Prior Actions: Any steps already taken (demand letters, reports, insurance claims)
  6. Questions: List of specific questions you want answered

Confidentiality

Communications with an attorney during a consultation are protected by attorney-client privilege. You can speak freely about your situation without worrying that your statements will be used against you. The attorney cannot share what you discuss without your permission.

What Happens After the Consultation

After your consultation, the attorney will typically:

  • Provide an assessment of your potential claim
  • Explain your legal options and recommended next steps
  • Discuss fee arrangements if you decide to proceed
  • Answer any follow-up questions you may have

There's no obligation to hire the attorney after the consultation. You're free to seek other opinions or decide not to proceed. However, if your deadline is approaching, make sure to factor that into your decision timeline.