accrual of cause of action – a cause of action generally accrues at the time of the injury, not at the time the damage is discovered

     This page is continued from Getting Started >>>> Time Limits for Filing Cases >>>> Statute of Limitations:

***********************

accrual of cause of action:

1. The event whereby a cause of action becomes complete so that the aggrieved party can begin and maintain his cause of action.

A cause may accrue at the moment of the wrong, default, or delict by the defendant and the injury to the plaintiff, although the actual damage resulting therefrom may not be discovered until some time afterward, if the injury, however slight, is complete at the time of the act. Eising v Andrews, 66 Conn 58, 1 Am J2d Actions § 88.

As a general proposition, a cause of action accrues the moment it comes into existence. 34 Am J1st Lim Ac § 113. [1]

1. The point in time when a  cause of action becomes complete so that the aggrieved party can file a lawsuit.  Generally, a cause of action accrues at the moment the wrong occurs. [2]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[2]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

*******************************

Back to Statute of Limitations

Back to Time Limits for Filing Cases

Back to Getting Started

Home Page

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

 

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Distance@WildWillpower.org.
We look forward to hearing from you!