Defenses and Affirmative Defenses
Procedural Defenses
A claim generally accrues when all elements exist and the plaintiff could bring suit, typically at injury. The discovery rule, continuing violation doctrine, and other rules modify accrual in defined circumstances.
Accrual rules are claim-specific.
Alternative Names:
Claim Accrual, Cause of Action Accrual
Why it Matters?
Different claims in one complaint frequently accrue at different times, so a limitations analysis that identifies a single date for the entire case is incomplete. Contract claims accrue at breach, tort claims at injury, and continuing violations may accrue repeatedly. Analyzing each pleaded claim separately against its own accrual rule is what identifies the ones that are time-barred while others survive.
Frequently Confused with
Related terms
Frequently asked questions
Do all claims in a case accrue together?
What does that mean for the defense?
