Accrual of Cause of Action
Definition
Accrual of cause of action refers to the specific point in time when a person gains the legal right to file a lawsuit. A cause of action “accrues” when all the necessary elements exist for a valid claim—typically when an injury occurs and the injured party knows or reasonably should know that they have been harmed by another’s conduct. This concept is directly tied to statutes of limitations, which set deadlines for filing lawsuits.
How It’s Used in Personal Injury Cases
Understanding when your cause of action accrues is critical because it starts the clock on your statute of limitations. In Texas, the statute of limitations for most personal injury claims is two years from the date the cause of action accrues. If you fail to file your lawsuit before this deadline, you may lose your right to seek compensation entirely—regardless of how strong your case might be.
In most car accident cases, accrual is straightforward: it happens on the date of the crash. However, in cases involving latent injuries, medical malpractice, or toxic exposure, determining when the cause of action accrued can be more complicated.
Practical Example
Suppose you undergo surgery and feel fine for several months afterward. A year later, you begin experiencing severe pain and learn that a surgical instrument was left inside your body. Although the surgery occurred over a year ago, your cause of action may not have accrued until you discovered (or reasonably should have discovered) the problem. This is known as the “discovery rule,” and it can extend the time you have to file a lawsuit in cases where the injury was not immediately apparent.
Why It Matters to Your Case
If you wait too long to pursue a claim, the defendant can argue that your cause of action accrued earlier than you realized—and that the statute of limitations has expired. This is a complete defense that can result in your case being dismissed, no matter how clear the other party’s fault may be. Consulting with an attorney early ensures you understand when your deadline began and how much time you have to act.
Key Takeaway
Accrual of cause of action marks the moment your legal right to sue begins and starts the statute of limitations clock. Knowing when your claim accrued is essential to preserving your right to compensation.