Statute of Limitations Calculator

The discovery rule is an exception to the standard statute of limitations that delays the start of the limitations period until the plaintiff discovers (or reasonably should have discovered) the injury or the cause of the injury.

When It Applies

The discovery rule typically applies in cases where:

• Latent injuries: The injury wasn't immediately apparent (e.g., medical malpractice where complications develop later)
• Hidden defects: Product defects that aren't discoverable through reasonable inspection
• Fraudulent concealment: When a defendant actively conceals their wrongdoing

State Variations

Not all states apply the discovery rule to all types of cases. Some states limit it to specific causes of action, such as medical malpractice or fraud. Others may have a "hybrid" approach where the discovery rule applies but is subject to an absolute time limit (statute of repose).

Tolling provisions temporarily pause or "toll" the statute of limitations clock under certain circumstances, effectively extending the time a plaintiff has to file a lawsuit.

Common Tolling Situations

• Minority (underage plaintiffs): In many states, the statute of limitations doesn't begin to run until a minor reaches the age of majority (usually 18).
• Mental incapacity: If the plaintiff is legally incompetent or mentally disabled, the statute may be tolled until the disability is removed.
• Defendant's absence: If the defendant leaves the state or goes into hiding, many states toll the statute until they return or can be served.
• Military service: Under the Servicemembers Civil Relief Act, active-duty military personnel may have statutes of limitations tolled during their service.
• Imprisonment: Some states toll the statute for plaintiffs who are incarcerated.

Limitations on Tolling

Many states place outer limits on how long tolling can extend a statute of limitations. For example, a state might toll the statute for a minor but require that the action be brought within a certain number of years after the injury regardless of the plaintiff's age.

A statute of repose sets an absolute time limit for bringing a legal action, regardless of when the injury was discovered or when the cause of action accrued. Unlike a statute of limitations, a statute of repose is not subject to tolling provisions or the discovery rule.

Key Characteristics

• Absolute deadline: Once the repose period expires, the right to bring a claim is extinguished completely, even if the injury wasn't discovered.
• Runs from a specific event: Often runs from the date of the defendant's last act or omission, not from when the injury occurred or was discovered.
• Not subject to equitable exceptions: Generally cannot be extended by tolling provisions that might apply to statutes of limitations.

Common Applications

Statutes of repose are commonly found in:

• Medical malpractice: Many states have a statute of repose that bars claims after a certain number of years from the date of treatment, regardless of when the injury was discovered.
• Product liability: Claims may be barred after a certain number of years from the date the product was first sold or manufactured.
• Construction defects: Claims for defective design or construction may be barred after a certain number of years from completion of the project.

The continuous treatment doctrine is a rule that delays the start of the statute of limitations in medical malpractice cases until the course of treatment for a particular condition or injury has ended.

When It Applies

This doctrine typically applies when:

• There is an ongoing physician-patient relationship
• The treatment is for the same condition or complaint
• There is continuous treatment over time, not just isolated visits

Rationale

The doctrine is based on the idea that:

• A patient should not have to disrupt ongoing treatment to sue their doctor
• The doctor should have an opportunity to correct mistakes during the course of treatment
• It would be unfair to require a patient to determine whether malpractice occurred while still being treated for the condition

Determining which state's statute of limitations applies can be complex, especially in cases that cross state lines or involve multiple jurisdictions.

Choice of Law Rules

Courts typically consider several factors when determining which state's statute of limitations to apply:

• Place of injury: Where the injury or harm occurred
• Domicile of parties: Where the plaintiff and defendant reside
• Place of conduct: Where the wrongful conduct occurred
• Forum state: Some courts apply their own state's statute of limitations

Borrowing Statutes

Many states have "borrowing statutes" that adopt the statute of limitations of the state where the cause of action arose if it's shorter than the forum state's limitations period. This prevents "forum shopping" by plaintiffs seeking a more favorable statute of limitations.

Federal vs. State Claims

Federal claims are governed by federal statutes of limitations, while state law claims are generally subject to state statutes of limitations, even when brought in federal court under diversity jurisdiction.