When does the clock start ticking for statutes of limitations?
Once you’ve figured out what statute of limitations applies to your case, your next step is to determine when the clock starts ticking. In most situations the time starts to run on the “date of harm” — that is, on the date when you were injured, your property was harmed, or a contract or agreement was violated. However, a huge exception to this general rule exists. The exception protects plaintiffs in situations where they may not be aware for months or even years that they have been harmed. In such situations, statutes of limitations may start the clock ticking either on the “date of discovery” of the harm or on the date on which the plaintiff “should have discovered” the harm. In short, for some types of legal actions the statute of limitations clock can start ticking at three different times! • Earliest: The date of harm. • Later: The date on which the plaintiff reasonably should have discovered the harm. This refers to the date when a judge considers it fair to say that the plaint
