Time Limits to File a Defamation Lawsuit: State Statutes of Limitation
State laws deal with reputational issues that are known as defamation torts. These laws also impose a time limit on filing your claim. Once the deadline passes, you generally can’t sue for defamation.
An individual’s reputation is important. Any personal injury, harm, or shame to one’s reputation could have emotional and financial consequences. This is true, especially if the individual is a public figure.
This article lists the time limits for defamation claims in every state. Because most states require you to file within one or two years, it’s important to consider your legal options soon after you become aware of the defamatory statement. A defamation lawyer can act quickly to begin the process before the deadline.
Defamation Lawsuits
A tort is a wrongful civil act that causes injury to another. Civil lawsuits for defamation are specific personal injury cases dealing with reputational harm. Depending on where you live or where the legal claim occurs, different statutes (laws) dictate the elements of defamation.
In general, defamation is any false speech that causes harm to an individual’s reputation. The false speech must be a statement of fact rather than an opinion.
For example, “John Doe is an unfair police officer”is an opinion because “unfair”is a subjective standard. On the other hand, a statement of “John Doe is often drunk on the job”is more fact-based. If the statement were false, the speaker could potentially face a defamation legal action.
Defamation Filing Deadlines in Each State
Like most injury claims, defamation claims are often subject to time limits known as statutes of limitations. The following list provides each state’s statute of limitations on defamation causes of actions (claims).
| Alabama | A two-year statute of limitation applies to defamation actions. |
| Alaska | A two-year statute of limitation applies to defamation actions. |
| Arizona | A one-year statute of limitation applies to defamation actions. |
| Arkansas | A one-year statute of limitation applies to slander actions, while a three-year statute of limitation applies to libel actions. |
| California | A one-year statute of limitation applies to defamation actions. |
| Colorado | A one-year statute of limitation applies to defamation actions. |
| Connecticut | A two-year statute of limitation applies to defamation actions. |
| Delaware | A two-year statute of limitation applies to defamation actions. |
| District of Columbia | A one-year statute of limitation applies to defamation actions. |
| Florida | A two-year statute of limitation applies to defamation actions. |
| Georgia | A one-year statute of limitation applies to defamation actions. |
| Hawaii | A two-year statute of limitation applies to defamation actions. |
| Idaho | A two-year statute of limitation applies to defamation actions. |
| Illinois | A one-year statute of limitation applies to defamation actions. |
| Indiana | A two-year statute of limitation applies to defamation actions. |
| Iowa | A two-year statute of limitation applies to defamation actions. |
| Kansas | A one-year statute of limitation applies to defamation actions. |
| Kentucky | A one-year statute of limitation applies to defamation actions. |
| Louisiana | A one-year statute of limitation applies to defamation actions. |
| Maine | A two-year statute of limitation applies to defamation actions. |
| Maryland | A one-year statute of limitation applies to defamation actions. |
| Massachusetts | A three-year statute of limitation applies to defamation actions. |
| Michigan | A one-year statute of limitation applies to defamation actions. |
| Minnesota | A two-year statute of limitation applies to defamation actions. |
| Mississippi | A one-year statute of limitation applies to defamation actions. |
| Missouri | A two-year statute of limitation applies to defamation actions. |
| Montana | A two-year statute of limitation applies to defamation actions. |
| Nebraska | A one-year statute of limitation applies to defamation actions. |
| Nevada | A two-year statute of limitation applies to defamation actions. |
| New Hampshire | A three-year statute of limitation applies to defamation actions. |
| New Jersey | A one-year statute of limitation applies to defamation actions. |
| New Mexico | A three-year statute of limitation applies to defamation actions. |
| New York | A one-year statute of limitation applies to defamation actions. |
| North Carolina | A one-year statute of limitation applies to defamation actions. |
| North Dakota | A two-year statute of limitation applies to defamation actions. |
| Ohio | A one-year statute of limitation applies to defamation actions. |
| Oklahoma | A one-year statute of limitation applies to defamation actions. |
| Oregon | A one-year statute of limitation applies to defamation actions. |
| Pennsylvania | A one-year statute of limitation applies to defamation actions. |
| Rhode Island | A one-year statute of limitation applies to slander actions. A three-year statute of limitation applies to libel actions. |
| South Carolina | A two-year statute of limitation applies to defamation actions. |
| South Dakota | A two-year statute of limitation applies to defamation actions. |
| Tennesse | A six-month statute of limitation applies to slander actions. A one-year statute of limitation applies to libel actions. |
| Texas | A one-year statute of limitation applies to defamation actions. |
| Utah | A one-year statute of limitation applies to defamation actions. |
| Vermont | A three-year statute of limitation applies to defamation actions. |
| Virginia | A one-year statute of limitation applies to defamation actions. |
| Washington | A two-year statute of limitation applies to defamation actions. |
| West Virginia | A one-year statute of limitation applies to defamation actions. |
| Wisconsin | A three-year statute of limitation applies to defamation actions. |
| Wyoming | A one-year statute of limitation applies to defamation actions. |
Important Distinctions in State Laws
Keep in mind that the statute of limitations deadline differs depending on the type of case. For instance, Florida’s two-year period to file is a distinct rule for defamation actions. Florida statutes for other kinds of cases, like premises liability or wrongful death claims, are different. That’s because personal injury statutes of limitations depend on the underlying tort in a civil case.
Let’s consider another example. A false imprisonment or medical malpractice claim is completely different from a defamation cause of action. This is true even if these separate allegations arise from the same fact pattern or occurrences. Suppose a doctor falsely imprisoned a patient and performed an illegal surgery on them. In response, the patient may later defame the doctor. A different limitations period will apply to each wrong act, even though they all arise from the same event. Therefore, it stands to reason that states created different limitations periods for different torts.
Postponing a Defamation Claim
Sometimes, a limitations period may be tolled. Tolling refers to a temporary suspension of the filing deadline.
Depending on your state, this can happen for a number of reasons, including:
- Agreement by the parties or personal injury lawyers in a case
- Compliance with discovery rules during litigation
- Temporary insanity or imprisonment of a party
- Later discovery of a claim despite a plaintiff’s reasonable diligence
- The claimant’s status as an underage minor
- The unavailability of a party
Criminal vs. Civil Case Time Limits
Separately, criminal cases have their own applicable statute of limitations laws. This is an important distinction.
Certain torts can be tried in criminal cases rather than civil cases. For example, civil sexual abuse limitations periods are distinct from their criminal counterparts.
Tolling may apply to both civil and criminal statutes of limitations. However, defamation claims are usually civil matters rather than prosecuted as crimes.
Learn More About Defamation Laws
Whether it’s written or uttered out loud, defamation can have serious and lasting effects on one’s reputation. A personal injury claim for defamation can even affect one’s emotional well-being, which can be just as bad as bodily injury.
Personal injury lawsuits for defamation must be filed within the applicable time period. That means if you’re considering a civil action for defamation, you’ll need to act within your state’s statute of limitations.
Don’t delay. Speak with a local defamation attorney to learn more. A personal injury attorney who practices defamation law will be able to help you enforce your legal rights.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
- Defamation claims are complex, and a lawyer can help you create a strategy for your case
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