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When the clock starts · Statute of limitations

When does the statute of limitations clock start?

The statute of limitations clock usually starts on the date of the injury. Under the discovery rule, it can start later — when you knew, or reasonably should have known, that you were injured and that someone else caused it — which matters most for injuries that surface late.

The default: the date of injury. For a typical accident — a car crash, a slip and fall — the clock starts the day you were hurt, not the day you hire a lawyer or the day the case settles.

The discovery rule. When you could not reasonably have known you were injured (a surgical error found years later, toxic exposure, a delayed diagnosis), the clock can start when the injury is or should have been discovered, rather than on the date of the event.

Other things that move the start. For an injured minor, the clock is usually paused until age 18. For a claim against a government entity, a much shorter notice deadline can apply from the date of injury. Confirm which rule applies to you.

See also: How long do I have to file a personal injury claim? (deadline by state)

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Sources & how we verified

The accrual date for a personal injury statute of limitations is generally the date of injury, subject to the discovery rule (recognized in varying forms by most states), minority tolling, and separate government-claim deadlines. Confirm application to your facts with a licensed attorney.