The statute of limitations rules provide a defense for a claimant’s failure to initiate an action within a legally prescribed time.  The purposes of such statute are to encourage the timely assertion of claims and allow the defendant to amass evidence within a fair amount of time following the dispute, and to protect individuals from lingering grievances once sufficient time has passed.  However, various issues arise with respect to the applicable time period for claims, including determining when the clock starts and stops running, and establishing rules when a series of related but separate injuries or damages occur.  As a result, several legal doctrines have developed to ensure the equitable treatment of statute of limitations defenses.

Traditionally, a cause of action accrues when it fully embodies all the necessary elements:  wrongdoing, causation and damage.  Thus, the statute of limitations begins when the final element related to the cause of action takes place.  The legislature and courts have delineated several exemptions to the general statute of limitations rules to modify the initial accrual and running of the claim period or both.  These notable exceptions are described below.

• The “discovery” rule allows for a delay in the accrual of many claims until the plaintiff discovers the cause of action. Similarly, “equitable tolling” is an exception which provides that the statute of limitations does not preclude the assertion of a claim where the plaintiff, despite exercising care and reasonable effort, did not discover the injury until after the limitation period had expired.

• The principle of “fraudulent concealment” suspends a statute of limitations where the defendant used deceptive means to delay the claim beyond the prescribed period.

• The “continuing violations doctrine” aggregates a series of wrongdoings such that a statute of limitations period for all the actions is triggered upon the commission of the final act.

• “Continuous accrual” allows courts to view a series of injuries as each initiating its own limitations period. Thus, while certain causes of action may be time barred, others will still be viable under the applicable statute of limitations rule.

Consulting with a lawyer who is knowledgeable about all facets of litigation can help you effectively resolve your claims.  Shane Coons is an experienced litigator and can advise business owners and individuals on enforcing their legal rights.  Call Shane Coons at 949-333-0900 or visit his website, www.ShaneCoonsLaw.com.