Discovery from the wrong: the action must be commenced within the longer of which periods?

• A. From the date of the wrong
• B. Two years from discovery of the wrong
• C. The longer of the two periods governs
• D. The shorter of the two periods governs

Answer: (C)

When a claim is subject to a discovery rule, you look at two possible time frames: the statute of limitations running from the date of the wrong, and the period running from the date you discover the wrong. The action must be commenced within the longer of these two periods. This approach protects a plaintiff who only learns of the injury later, while still keeping a finite deadline rather than letting tolling go on indefinitely. For example, if the normal limit is six years from the act but discovery occurs late and the discovery rule provides two years from discovery, you must file by the later of those two end dates. The rule prevents filing too early and also avoids granting an unlimited extension based solely on discovery.