Statutes of Limitation

Question 1

Legislative time period within which suit must be commenced after accrual of the cause of action.

Answer 1

Statutes of Limitation

Question 2

When P actually suffers damages.

Answer 2

Damage Rule

Question 3

When D committed the act or omission which is the basis for claim, even if damage does not occur until later

Answer 3

Occurrence Rule

Question 4

Factors which either stop or interrupt running of statute

Answer 4

Tolling Statutes of Limitation:

Question 5

Statute of limitations does not begin to run until P discovers the injury, or at least should have reasonably discovered the injury with the exercise of due diligence

Answer 5

Discovery Rule

Question 6

Statute of limitations does not begin to run until the last treatment or last action where there has been a continuing illness or representation of the same illness or matter giving rise to the wrongful act or omission

Answer 6

Continuous Treatment/Representation Rule

Question 7

Latent Disease
D commits fraudulent concealment
P’s minority or incompetence, i.e.  Statute won’t begin to run until P becomes 18 or competency returns
D’s absence from state
Pending federal claim

Answer 7

Other grounds upon which tolling may occur

Question 8

Serves as a cutoff on liability for reasons involving more than difficulties raised by passage of time;
Generally begins to run at time tortious act or omission which is the basis of the action.
Supersedes other tolling mechanisms

Answer 8

Statutes of Repose