When does the personal injury statute of limitations generally accrue?

When does the personal injury statute of limitations generally accrue?

• A. At the moment of injury.
• B. At the moment of injury, with potential tolling for infancy or insanity.
• C. At discovery of injury.
• D. At the date the injury becomes permanent.

Answer: (B)

In most personal injury cases, the statute of limitations starts when the injury occurs—the clock begins at the moment the harm happens because that is when the plaintiff could first bring suit based on the injury and its consequences. But there are important exceptions: the clock can be tolled, meaning paused, for people who cannot bring a suit yet. Infants (minors) typically have tolling until they reach adulthood, and someone who is legally insane or incapacitated can toll the period as well. Once capacity is regained or the person reaches the age of majority, the tolling ends and the limitations period resumes from that point. The idea of starting the clock at discovery of the injury is not the general rule here; discovery rules do appear in some specific contexts, but for standard personal injury claims the trigger is the injury itself, not when the plaintiff discovers it. The moment the injury becomes permanent doesn’t change when accrual begins. Therefore, the best description is that accrual happens at the moment of injury, with potential tolling for infancy or insanity.

In most personal injury cases, the statute of limitations starts when the injury occurs—the clock begins at the moment the harm happens because that is when the plaintiff could first bring suit based on the injury and its consequences. But there are important exceptions: the clock can be tolled, meaning paused, for people who cannot bring a suit yet. Infants (minors) typically have tolling until they reach adulthood, and someone who is legally insane or incapacitated can toll the period as well. Once capacity is regained or the person reaches the age of majority, the tolling ends and the limitations period resumes from that point.

The idea of starting the clock at discovery of the injury is not the general rule here; discovery rules do appear in some specific contexts, but for standard personal injury claims the trigger is the injury itself, not when the plaintiff discovers it. The moment the injury becomes permanent doesn’t change when accrual begins. Therefore, the best description is that accrual happens at the moment of injury, with potential tolling for infancy or insanity.