The deadline is rarely the hard part. Working out the date it began usually is.
Esshaki Legal Media TeamCurrent as of May 2026
Every claim has a deadline, and missing it ends the matter regardless of merit.
The length of the period is usually easy to find. The difficulty is the start
date.
Accrual generally runs from the breach or the injury — but several doctrines
move it. The discovery rule, where applicable, starts the clock when the
claimant knew or reasonably should have known of the injury and its cause; it
applies to some claims and not others, and the “should have known” limb rewards
diligence and punishes wilful ignorance. Continuing violations may restart or
extend it where the conduct is ongoing rather than a single act. Tolling can
suspend it — by agreement, by fraudulent concealment, or by statute.
Different theories arising from the same facts frequently carry different
periods: a contract claim, a fraud claim and a statutory claim over one
transaction can have three deadlines, and the shortest is often the one that
matters most.
Two practical consequences. Assess the deadline at the first meeting, not after
investigation — the analysis of when a claim arose is itself work. And where a
deadline is near and the facts are incomplete, a written tolling agreement is
usually cheaper and better than a hurried complaint.