A cause of action accrues when the injured party learns of the injury and its immediate cause, providing sufficient notice to investigate potential liability.
After the murder of their son, the Zelezniks discovered years later that the Immigration and Naturalization Service had failed to detain the killer despite his attempted surrender. They filed a claim under the Federal Tort Claims Act, but the government moved for summary judgment, arguing the claim was time-barred. The court must determine when the cause of action accrued. Under the discovery rule, a claim accrues when the injured party learns of the injury and its immediate cause. Because the Zelezniks knew of the injury and the killer's identity in 1974, the statute of limitations began to run then, regardless of when they discovered the government's alleged negligence.
At page 23 Accrual of statute of limitations under discovery rule62 citing cases“the statute of limitations begins to run on the first date that the injured party possesses sufficient critical facts to put him on notice that a wrong has been committed and that he need investigate to determine whether he is entitled to redress.”
- Diaz v. United States, 165 F.3d 1337 (11th Cir. 1999).published (holding that claim accrues when the injured party learns of the injury and its immediate cause even without possible knowledge of governmental cause)
- Pamela Sue Hook Vs. Carl Frederick Lippolt & The State Of Iowa, No. 80 / 04–1655 (Iowa Aug. 29, 2008).published(Once the injured party is put on notice, the burden is upon him to determine within the limitations period whether any party may be liable to him.)
- Est. of Kean v. United States ex rel. Nat'l Park Serv., 50 V.I. 475 (D.V.I. 2008).published([A] claim accrues when the injured party learns of the injury and its immediate cause.)
- Lyasia Ashley v. Eric Bradley, No. 25-2341 (3d Cir. June 9, 2026).unpublished That argument fails because FTCA claims accrue on the date the plaintiff learns of her injury and sufficient information to know she should “investigate to determine whether [s]he is entitled to redress.” Zeleznik v. United States, 770 F.2…
- Travelers Home & Marine Ins. Co. v. United States, No. 4:24-cv-01217 (M.D. Pa. Mar. 25, 2025).Ed. 22d 563 (1993)). 56 28 U.S.C. § 2675 (a). 57 Roma v. United States, 344 F.3d 352, 362 (3d Cir. 2003). 58 Zeleznik v. United States, 770 F.2d 20, 23 (3d Cir. 1985). 59 28 U.S.C. § 2672 .
- Misty Coleman v. Hamilton Cnty. Bd. of Cnty. Comm'rs, 130 F.4th 593 (6th Cir. 2025).publishedServs., 905 F.2d 738 , 743 & n.2 (4th Cir. 1990) (en banc); Zeleznik v. United States, 770 F.2d 20, 23 (3d Cir. 1985).
- Burt v. Lockheed Martin Corp., 2024 V.I. 33 (2024).publishedSince the Superior Court appropriately applied the conjunctive interpretation of the rule in this case, it committed no error. ¶ 25 This Court has noted various parameters of the discovery rule as applied to latent injuries. “[T]he statute…
- Bethlehem Manor Vill., LLC v. City of Bethlehem, No. 5:22-cv-05215, 2024 WL 4367922 (E.D. Pa. Sept. 30, 2024). Pa. 2019) (quoting Zeleznik v. United States, 770 F.2d 20, 23 (3d Cir. 1985)).
- Donegal Mut. Ins. Co. v. United States Postal Serv., No. 1:22-cv-00456 (D. Del. Mar. 27, 2024).“a claim accrues when the injured party learns of the injury and its immediate cause”
- K. Small v. PA DOC, PBPP, No. 406 M.D. 2020 (Pa. Commw. Ct. Mar. 14, 2022).unpublishedPa. 1991)[] [(]quoting Zeleznik v. United States, 770 F.2d 20, 23 (3[]d Cir. 1985)[)]. 7 Haggart v. Cho, 703 A.2d 522, 526 (Pa. Super. 1997) (quoting A. McD. v. Rosen, 621 A.2d 128, 130 (Pa. Super. 1993)).
Show 46 more citing cases
- Mclaughlin v. Bayer, Corp., No. 2:14-cv-07315 (E.D. Pa. Apr. 2, 2020).(stating that the limitations period is “not postponed until the injured party knows every fact necessary to bring his action)
- B.Y.R.D. v. Mangold, No. 2:19-cv-00504 (E.D. Pa. Oct. 28, 2019). “whether the injured party had sufficient notice of the invasion of his legal rights to require that he investigate and make a timely claim or risk its loss”
- Dewayne Rettig v. United States, No. 17-3287 (3d Cir. July 11, 2018).unpublishedHowever, the District Court concluded that his claim accrued earlier than June 2013 because “a reasonable person who contracts a rare disease shortly before learning about a well-publicized outbreak of that disease at a location he frequen…
- Marsh-Monsanto v. Clarenbach, 66 V.I. 366 (2017).publishedAuth., 57 V.I. 256, 274 (V.I. 2012) (quoting Zeleznik v. United States, 770 F.2d 20, 23 (3d Cir. 1985)).
- Rowland v. Novartis Pharm. Corp., 34 F. Supp. 3d 556 (W.D. Pa. 2014).publishedIn a case involving a latent injury, the statutory time period “begins to run ... at the moment at which the [plaintiff] possessed ‘sufficient critical facts to put [him] on notice that a wrong has been committed and that [he needs] to inv…
- Floyd Francis v. Gregory Miligan, 530 F. App'x 138 (3d Cir. 2013).unpublishedAs the District Court concluded, Francis was therefore on notice of a potential wrong and the burden was upon him to investigate whether he was entitled to redress. 1 See Zeleznik v. United States, 770 F.2d 20, 23 (3d Cir.1985).
- Steven Tengood v. City of Philadelphia, 529 F. App'x 204 (3d Cir. 2013).unpublishedUnder the discovery rule, a claim accrues upon awareness of actual injury, not upon awareness that the injury constitutes a legal wrong.”)-, see also Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1386 (3d Cir.1994); Zeleznik v…
- Santiago v. Virgin Islands Hous. Auth., 57 V.I. 256 (2012).publishedMoreover, in reaching its decision to adopt the environmental discovery rule, the District Court relied on Zeleznik v. United States, 770 F.2d 20, 23 (3d Cir. 1985), which held: [T]he statute of limitations begins to run on the first date…
- Santos ex rel. Beato v. United States, 559 F.3d 189 (3d Cir. 2009).published Miller v. Philadelphia Geriatric Ctr., 463 F.3d 266 , 270 (3d Cir. 2006); Zeleznik v. United States, 770 F.2d 20, 22 (3d Cir. 1985).
- Hensley v. United States, 531 F.3d 1052 (9th Cir. 2008).published (following Dyniewicz and holding that accrual of an FTCA claim is not delayed until the injured party learns of possible government liability)
- United States ex rel. Purcell v. MWI Corp., 520 F. Supp. 2d 158 (D.D.C. 2007).published That is, the limitations period starts to run on “the first date that the injured party possesses sufficient critical facts to put him on notice that a wrong has been committed and that he need investigate to determine whether he is entitl…
- Moyer v. United Dominion Indus., Inc., 473 F.3d 532 (3d Cir. 2007).published Thus, in latent disease cases, the limitations period is triggered when "the plaintiffs possessed `sufficient critical facts to put [them] on notice that a wrong has been committed and that [they] need investigate to determine whether [the…
- Cooney v. Booth, 210 F. App'x 213 (3d Cir. 2007).unpublished“the statute of limitations begins to run on the first date that the injured party possesses sufficient critical facts to put him on notice that a wrong has been committed and that he need investigate to determine whethe…”
- Vitalo v. Cabot Corp., 399 F.3d 536 (3d Cir. 2005).published We have construed this objective reasonableness requirement to mean that the statute of limitations begins to run when plaintiffs come to possess “sufficient critical facts to put [them] on notice that a wrong has been committed and that […
- Debiec v. Cabot Corp., 352 F.3d 117 (3d Cir. 2003).published Id. (quotation marks omitted). 20 In sum, the statutory time period begins to run in latent disease cases at the moment at which the plaintiffs possessed “sufficient critical facts to put [them] on notice that a wrong has been committed an…
- Michael Anthony Debiec, Adm'r of the Est. of Jane Louise Guldin Debiec, Deceased v. Cabot Corp., Individually & as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc., A/K/A Kbi Kawecki Berylco Indus., Inc. & the Beryllium Corp. NGK Metals Corp., Individually & as Successor to the Beryllium Corp., Kawecki Berylco Inc., A/K/A Kbi, Kawecki Chem. Co., & Berylco, Inc., Michael Anthony Debiec, Sharon J. Reeser, Adm'x of the Est. of Geneva C. Bare, Deceased v. Cabot Corp., Individually & as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc., A/K/A Kbi Kawecki Berylco Indus., Inc., the Beryllium Corp. NGK Metals Corp., Individually & as Successor to the Beryllium Corp., Kawecki Berylco Inc., A/K/A Kbi, Kawecki Chem. Co. Berylco, Inc., Sharon J. Reeser, Dennis J. Branco, Pers. Representation of the Est. of John C. Branco, Deceased v. Cabot Corp., Individually & as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc., A/K/A Kbi Kawecki Berylco Indus., Inc., the Beryllium Corp. NGK Metals Corp, Individually & as Successor to the Beryllium Corp., Kawecki Berylco Inc., A/K/A Kbi, Kawecki Chem. Co., Berylco, Inc Brush Wellman Inc., Dennis J. Branco, Mary I. Russo Charles F. Russo, H/h v. Cabot Corp., Individually & as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc. A/K/A Kbi Kawecki Berylco Indus., Inc. & the Beryllium Corp., C/o C.T. Corp. Sys. NGK Metals Corp., Individually & as Successor to the Beryllium Corp., Kawecki Berylco Inc., A/K/A Berylco, Inc., C/o C.T. Corp. Sys. Mary I. Russo Charles F. Russo, H/h, 352 F.3d 117 (3d Cir. 2003).publishedUnder this standard, the plaintiff's actions must be evaluated to determine whether he exhibited those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the protection of their own inter…
- Loughlin v. United States, 230 F. Supp. 2d 26 (D.D.C. 2002).published“[T]he statute of limitations begins to run on the first date that the injured party possesses sufficient critical facts to put him on notice that a wrong has been committed and that he need investigate to determine whet…”
- Miller v. Consol. Rail Corp., 196 F.R.D. 22 (E.D. Pa. 2000).published(applying the discovery rule under the Federal Tort Claims Act to conclude that lack of awareness of a negligent act did not serve to toll the statute of limitations)
- Rendon v. United States, 98 F. Supp. 2d 646 (E.D. Pa. 2000).publishedIn Zeleznik v. United States, 770 F.2d 20, 23 (3d Cir.1985), it was noted that “the crucial question in determining the accrual date ... was whether the injured party had sufficient notice of the invasion of his legal rights to require tha…
- Haggart v. Cho, 703 A.2d 522 (Pa. Super. Ct. 1997).publishedThe statute begins to run when the injured party “possess sufficient critical facts to put him on notice that a wrong has been committed and that he need investigate to determine whether he is entitled to redress.” Brunea v. Gustin, 775 F.…
- Romah v. Hygienic Sanitation Co., 705 A.2d 841 (Pa. Super. Ct. 1997).publishedThe statute begins to run when the injured party “possesses sufficient critical facts to put him on notice that a wrong has been committed and that he need investí- *858 gate to determine whether he is entitled to redress.” Brunea v. Gusti…
- New Castle Cnty. Rhone-Poulenc, Inc., Zeneca, Inc. v. Halliburton Nus Corp, 111 F.3d 1116 (3d Cir. 1997).publishedZeleznik v. United States, 770 F.2d 20, 24 (3d Cir.1985) (declining to “make every accrual date indefinite as to unknown possible parties”). 9 It is sufficient that New Castle was aware that its injury was caused in part by another person’…
- Whitaker v. Merrill Lynch, Pierce Fenner & Smith, Inc., 36 V.I. 75 (1997).publishedZeleznik, 770 F.2d at 23 (citations omitted). (1) Negligence, Fraud and Breach of Fiduciary Duty With respect to an investor's claims of negligence or breach of a fiduciary duty against a brokerage firm, the statute of limitations begins t…
- Berlen v. Consol. Rail Corp., 677 A.2d 1150 (N.J. Super. Ct. App. Div. 1996).publishedIn Kichline v. Consolidated Rail Corp., 800 F. 2d 356 (3d Cir.1986), the Third Circuit, applying Kubrick to a FELA claim, stated that "the statute of limitations begins to run on the first date that the injured party possesses sufficient c…
- Pearce v. Salvation Army, 674 A.2d 1123 (Pa. Super. Ct. 1996).publishedThe limitations period begins to run when the injured party “possesses sufficient critical facts to put him on notice that a wrong has been committed and that he need investigate to determine whether he is entitled to redress.” A. McD. v.…
- Hill v. Dep't of Transp., 887 P.2d 476 (Wash. Ct. App. 1995).publishedEd. 2d 259 , 100 S. Ct. 352 (1979) clarified Urie’s discovery rule as follows: " 'the statute of limitations begins to run on the first date that the injured party possesses sufficient critical facts to put him on notice that a wrong has b…
- Gould ex rel. Gould v. U.S. Dep't of Health & Human Servs., 884 F.2d 785 (4th Cir. 1989).published
- Gould ex rel. Gould v. U.S. Deparment of Health & Human Servs., 905 F.2d 738 (4th Cir. 1990).published
- Brunea v. Gustin, 775 F. Supp. 844 (W.D. Pa. 1991).published
- Diltz v. United States, 771 F. Supp. 95 (D. Del. 1991).published
- Shostack v. United States, 679 F. Supp. 459 (M.D. Pa. 1988).published
- Dale R. Kichline v. Consol. Rail Corp., 800 F.2d 356 (3d Cir. 1986).published
- David H. Fisher v. United States, 959 F.2d 230 (1st Cir. 1992).unpublished
- Kurt Danysh v. Eli Lilly Co, 461 F. App'x 75 (3d Cir. 2012).unpublished
- Oberlin ex rel. Oberlin v. United States, 727 F. Supp. 946 (E.D. Pa. 1989).published
- A. McD. v. Rosen, 621 A.2d 128 (Pa. Super. Ct. 1993).published
- Krevitz v. City of Philadelphia, 648 A.2d 353 (Pa. Commw. Ct. 1994).published
- Curry v. Consol. Rail Corp., 766 F. Supp. 380 (W.D. Pa. 1991).published
- Hook v. Lippolt, 755 N.W.2d 514 (Iowa 2008).published
- Mazur v. Merck & Co., 742 F. Supp. 239 (E.D. Pa. 1990).published
- Souders v. Atl. Richfield Co., 746 F. Supp. 570 (E.D. Pa. 1990).published
- United States ex rel. Bauchwitz v. Holloman, 671 F. Supp. 2d 674 (E.D. Pa. 2009).published
- Montgomery v. Est. of Griffith, 49 V.I. 255 (2008).published
- Stewart v. United States, 713 F. Supp. 833 (E.D. Pa. 1989).published
- Stewart v. United States, 715 F. Supp. 709 (E.D. Pa. 1989).published
- J. M. v. Or. Youth Auth., 434 P.3d 402 (Or. 2019).published
At page 22 Accrual of tort claims and federal tort claims act20 citing casesFor tort actions, the general rule is that the cause of action accrues at the time of the last event necessary to complete the tort. Usually, this is at the time the putative plaintiff is injured.
- Ngono v. Moshannon Valley Corr. Ctr., No. 3:19-cv-00104 (W.D. Pa. Sept. 22, 2021).(For tort actions, the general rule is that the cause of action accrues at the time of the last event necessary to complete the tort. Usually, this is at the time the putative plaintiff is injured.)
- New Jersey Title Ins. Co. v. Cecere, No. 2:20-cv-01286 (D.N.J. Dec. 7, 2020).“Normally, a tort claim accrues at the time of injury.” Miller v. Philadelphia Geriatric Ctr., 463 F.3d 266 , 271 (3d Cir. 2006); Zeleznik v. United States, 770 F.2d 20, 22 (3d Cir. 1985).
- Sherri Boseski v. North Arlington Mun., 621 F. App'x 131 (3d Cir. 2015).unpublished(noting that, for tort claims under the FTCA, the cause of action generally accrues when the injured party knows of his injury and its cause)
- Santos ex rel. Beato v. United States, 559 F.3d 189 (3d Cir. 2009).published Miller v. Philadelphia Geriatric Ctr., 463 F.3d 266 , 270 (3d Cir. 2006); Zeleznik v. United States, 770 F.2d 20, 22 (3d Cir. 1985).
- Yurcic v. Purdue Pharma, L.P., 343 F. Supp. 2d 386 (M.D. Pa. 2004).published Zeleznik v. United States, 770 F.2d 20, 22-23 (3d Cir.1985).
- Gordon v. Lowell, 95 F. Supp. 2d 264 (E.D. Pa. 2000).publishedZeleznik v. United States, 770 F.2d 20, 22-23 (3d Cir.1985), cert. denied, 475 U.S. 1108 , 106 S.Ct. 1513 , 89 L.Ed.2d 913 (1986); see also de de Botton v. Marple Twp., 689 F.Supp. 477, 480 (E.D.Pa.1988) (“A section 1983 cause of action ac…
- Warminster Twp. Mun. Auth. v. United States, 903 F. Supp. 847 (E.D. Pa. 1995).published“carefully construed ... so as not to extend the limited waiver of sovereign immunity beyond that which Congress intended”
- Gould ex rel. Gould v. U.S. Dep't of Health & Human Servs., 884 F.2d 785 (4th Cir. 1989).published
- Gould ex rel. Gould v. U.S. Deparment of Health & Human Servs., 905 F.2d 738 (4th Cir. 1990).published
- Phyllis Jaskey Jones v. Chemetron Corp., 212 F.3d 199 (3d Cir. 2000).published
Show 6 more citing cases
- Charlene Ray v. Ray A. Keith, No. 2002-CA-00321-SCT (Miss. Feb. 1, 2002).published
- Lara, Inc. v. South Whitehall Twp., 729 F. Supp. 415 (E.D. Pa. 1989).published
- Brunea v. Gustin, 775 F. Supp. 844 (W.D. Pa. 1991).published
- Ray v. Keith, 859 So. 2d 995 (Miss. 2003).published
- Diltz v. United States, 771 F. Supp. 95 (D. Del. 1991).published
- Shostack v. United States, 679 F. Supp. 459 (M.D. Pa. 1988).published
At page 24 Determining the start date of the statute of limitations8 citing casesdeclining to “make every accrual date indefinite as to unknown possible parties
- United States ex rel. Frascella v. Oracle Corp., 751 F. Supp. 2d 842 (E.D. Va. 2010).publishedBauchwitz v. Holloman, 671 F.Supp.2d 674, 695-96 (E.D.Pa.2009) (finding that “the start date is when the plaintiff possesses enough knowledge that would lead a reasonable person to investigate whether a false claim was made”) (citing Zelez…
- Santos ex rel. Beato v. United States, 559 F.3d 189 (3d Cir. 2009).published Miller v. Philadelphia Geriatric Ctr., 463 F.3d 266 , 270 (3d Cir. 2006); Zeleznik v. United States, 770 F.2d 20, 22 (3d Cir. 1985).
- United States ex rel. Miller v. Bill Harbert Int'l Constr., Inc., 505 F. Supp. 2d 1 (D.D.C. 2007).published “Congressional determination of a reasonable amount of time for injured parties to discover and make claims”
- New Castle Cnty. Rhone-Poulenc, Inc., Zeneca, Inc. v. Halliburton Nus Corp, 111 F.3d 1116 (3d Cir. 1997).published(declining to “make every accrual date indefinite as to unknown possible parties)
- United States ex rel. Bauchwitz v. Holloman, 671 F. Supp. 2d 674 (E.D. Pa. 2009).published
- John Barren v. United States, 839 F.2d 987 (3d Cir. 1988).published
- Mendez v. United States, 732 F. Supp. 414 (S.D.N.Y. 1990).published
- Kichline v. Consol. Rail Corp., 630 F. Supp. 50 (E.D. Pa. 1985).published
At page 21 Accrual of cause of action and statute of limitations3 citing cases
- Lopez v. United States, 998 F. Supp. 1239 (D.N.M. 1998).publishedSexton v. United States, 832 F.2d 629, 633, n. 4 (D.C.Cir.1987) quoting Zeleznik v. United States, 770 F.2d 20, 21 (3rd Cir.1985), cert. denied, 475 U.S. 1108 , 106 S.Ct. 1513 , 89 L.Ed.2d 913 (1986); Bailey v. United States, 642 F.2d 344…
- Mary Sue Sexton v. United States, 832 F.2d 629 (D.C. Cir. 1987).published
- Cragin v. United States, 684 F. Supp. 746 (D. Me. 1988).published
v.
UNITED STATES of America, No. 84-1656
OPINION OF THE COURT
SEITZ, Circuit Judge.The plaintiffs, Carter and Elizabeth Zeleznik (“Zelezniks”), appeal from an order of the district court granting summary judgment dismissing as time barred their claims under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671 et seq. (1982). This court has appellate jurisdiction to review final orders pursuant to 28 U.S.C. § 1291 (1982).
I.
The following facts are undisputed. On December 20, 1974, the Zeleznik’s son, Arnold, was murdered by Vernal Walford in Miami, Florida. Following their son’s murder, the Zelezniks investigated Walford’s background. They learned that at the time of the murder, Walford had been recently released from a state psychiatric hospital in Massachusetts where he had been involuntarily committed. They, however, did not discover that after his release, Walford, who was an illegal alien, had unsuccessfully attempted to surrender to the Immigration and Naturalization Service (“INS”) in Springfield, Massachusetts. In 1975, the Zelezniks’ action against the Massachusetts doctors and hospital was dismissed on the ground of sovereign immunity.
It was not until 1982 that the Zelezniks learned that Walford had visited the Springfield INS office a few days before the murder and had given an INS employee a full report on his illegal status, his fraudulent possession of a U.S. passport and his involvement in an illicit drug transaction. Yet the INS allowed him to leave. Walford’s visit to the INS was uncovered in the course of a Massachusetts legislative investigation of the practices of the state psychiatric facilities.
Within two years of this discovery, on September 19, 1983, the Zelezniks filed an administrative claim with the INS under the FTCA for the wrongful death of their son, and Carter Zeleznik filed a claim as administrator of the son’s estate for the son’s injuries. They alleged that the INS was negligent in failing to detain Walford[*22] and in failing to investígate Walford’s past. This claim was rejected by the INS, and the Zelezniks then filed this action in the district court.
The government moved to dismiss the complaint for failure to state a claim and also moved for summary judgment on the ground that the statute of limitations had run. Both parties submitted supporting affidavits and exhibits. The district court granted summary judgment in favor of the government on statute of limitations grounds. The Zelezniks then filed this timely appeal.
Upon a review of a grant of summary judgment, we do as the district court does: we consider the undisputed facts in the pleadings, affidavits, and exhibits and determine whether the movant was entitled to judgment as a matter of law. First Jersey National Bank v. Dome Petroleum Limited, 723 F.2d 335, 338 (3d Cir.1983). The movant has the burden of demonstrating that there are no genuine issues of material fact, and all reasonable inferences from the record must be drawn in favor of the non-moving party. Small v. Seldows Stationary, 617 F.2d 992, 994 (3d Cir.1980).
II.
Under the FTCA, a claim against the United States is barred unless it is presented to the appropriate federal agency “within two years after such claim accrues.” 28 U.S.C. § 2401(b) (1982). The Zelezniks’ claim is therefore time-barred if it accrued prior to September 19, 1981, two years before the date that they filed a claim with the INS. The Zelezniks contend that their claims against the United States accrued in 1982 when they first learned of Walford’s attempted surrender to the INS. The government contends that the Zelezniks' claim accrued in 1974 when Arnold was killed.
The determination of when a claim accrues for the purposes of the FTCA is a question of federal law. Tyminski v. United States, 481 F.2d 257, 262-63 (3d Cir.1973). The FTCA is a limited waiver of the sovereign immunity of the United States. The Supreme Court has admonished that the courts should carefully construe the statute of limitations for the FTCA so as not to extend the limited waiver of sovereign immunity beyond that which Congress intended. United States v. Kubrick, 444 U.S. 111, 117-18, 100 S.Ct. 352, 356-57, 62 L.Ed.2d 259 (1979).
The purpose of a statute of limitations is to encourage the filing of claims promptly by giving no more than a reasonable time within which to make a claim. By limiting the period in which a claim may be made, the statute protects defendants from having to defend actions where the truth-finding process is impaired by the passage of time. Kubrick, 444 U.S. at 117, 100 S.Ct. at 356; United States v. Marion 404 U.S. 307, 322 n. 14, 92 S.Ct. 455, 464 n. 14, 30 L.Ed.2d 468 (1971).
For tort actions, the general rule is that the cause of action accrues at the time of the last event necessary to complete the tort. Usually, this is at the time the putative plaintiff is injured. Kubrick, 444 U.S. at 120, 100 S.Ct. at 358. An injured party, however, cannot make a claim until he has or should have had notice that he had an action to bring. Thus, the Supreme Court has held that an injured party’s cause of action does not accrue until he learns of his injury. Urie v. Thompson, 337 U.S. 163, 69 S.Ct. 1018, 93 L.Ed. 1282 (1949). In most cases, when a person learns of his injury, he is on notice that there has been an invasion of his legal rights, and that he should determine whether another may be liable to him.
However, in some circumstances, a person may know that he has been injured but not be sufficiently apprised by the mere fact of injury to understand its cause. Cf. McGowan v. University of Scranton, 759 F.2d 287 (3d Cir.1985) (statute of limitations does not accrue until plaintiff learns of the cause of injury when plaintiff’s decedent died of toxic shock syndrome at a time when the cause of toxic shock syndrome had not been discovered by medical science). In those circumstances, when the[*23] fact of injury alone is insufficient to put an injured party on notice of its cause, the Supreme Court has indicated that the accrual of the claim would be delayed until the injured party learns of both the fact of his injury and its cause. Kubrick, 444 U.S. at 122, 100 S.Ct. at 359.
Discovery of the cause of one’s injury, however, does not mean knowing who is responsible for it. The ‘cause’ is known when the immediate physical cause of the injury is discovered.
In the present case, at the time of their son’s death, the Zelezniks knew of the immediate cause of his death, the act of Vernal Walford. They, however, did not know of the alleged negligent participation of the INS. They argue that the rule in Kubrick ought to be extended so that the cause of action against INS should not have accrued until they obtained knowledge of INS’ alleged involvement. Several courts of appeals have considered and rejected similar contentions. In Dyniewicz v. United States, 742 F.2d 484 (9th Cir.1984), the Ninth Circuit agreed that a cause of action does not accrue until the injured party discovers the cause of the injury, but held:
742 F.2d at 486. See also Steele v. United States, 599 F.2d 823, 828 (7th Cir.1979) (“The immediate cause of his injury ... was apparent and should have put him on notice of an invasion of his legal rights”); Richman v. United States, 709 F.2d 122, 123-24 (1st Cir.1983). But see Barrett v. United States, 689 F.2d 324 (2d Cir.1982), cert. denied, 462 U.S. 1131, 103 S.Ct. 3111, 77 L.Ed.2d 1366 (1983).
The Zelezniks contend, however, that these cases take too narrow a view of the general principle underlying the discovery rule announced in Kubrick. They argue that a proper reading of Kubrick would dictate a delay in the accrual of the cause of action until the date that the acts of the INS were discovered. They point to Barrett v. United States, 689 F.2d 324 (2d Cir.1982), cert. denied, 462 U.S. 1131, 103 S.Ct. 3111, 77 L.Ed.2d 1366 (1983), as standing for the proposition that accrual should be delayed until the government action is uncovered.
We do not read Barrett as supporting the Zelezniks’ position in our factual context. Rather, Barrett involved active concealment by the government of its activities. 689 F.2d at 327-28. When the government actively conceals its own wrongdoing by misrepresentation, there may well be equitable reasons for tolling the statute of limitations. However, it is not suggested that the INS concealed its involvement with Walford. Indeed, it made a record of the incident. Thus, we are not required to consider what may well be an exception to the general rule.
We agree with those Courts of Appeals that have held that a claim accrues when the injured party learns of the injury and its immediate cause. The rationale of the discovery rule as announced in Kubrick is that the statute of limitations begins to run on the first date that the injured party possesses sufficient critical facts to put him on notice that a wrong has been committed and that he need investigate to determine whether he is entitled to redress.
The Court in Kubrick further held that the accrual date is not postponed until the injured party knows every fact necessary to bring his action. Rather, the Court indicated that the crucial question in determining the accrual date for statute of limitations purposes was whether the injured party had sufficient notice of the invasion of his legal rights to require that he investigate and make a timely claim or risk its loss. Once the injured party is put on notice, the burden is upon him to determine within the limitations period whether any party may be liable to him. Davis v. United States, 642 F.2d 328 (9th Cir.1981), cert. denied, 455 U.S. 919, 102 S.Ct. 1273, 71 L.Ed.2d 459 (1982). An injured party with the knowledge of injury and its immediate cause is in no worse position than any other plaintiff who must determine whom to sue in a obscure factual context. See, e.g., Wilkinson v. United States, 677 F.2d 998, 1002 (4th Cir.), cert. denied, 459 U.S. 906, 103 S.Ct. 209, 74 L.Ed.2d 167 (1982).
The Zelezniks contend, however, that the application of this “injury and immediate cause” standard would be unjust in their ease because a reasonable investigation be[*24]gun in 1974 would not have turned up the INS involvement. They are essentially contending that the statute of limitations does not begin to run so long as a reasonably diligent investigation would not have discovered the government’s actions.
The difficulty with such a reasonableness standard is that it would make every accrual date indefinite as to unknown possible parties. The statute of limitations is meant to be applied in a uniform manner. Steele v. United States, 599 F.2d 823, 826 (7th Cir.1979). Section 2401(b) does not guarantee that every injured party will necessarily be able to find and make a claim against a possibly responsible governmental agency. Rather, it represents a Congressional determination of a reasonable amount of time for injured parties in general to discover and make claims against the government. See Kubrick, 444 U.S. at 117, 100 S.Ct. at 356. Clearly, the statute of limitations impacts more harshly on some cases than others. For some claims, two years is more than enough time to bring a claim, and for others, it is all too short. However, the statute reflects a Congressional judgment balancing the relative interests of plaintiffs and the government in fixing a single definite limitations period.
Nor is the Zeleznik’s position compatible with the Supreme Court’s reasoning in Kubrick, even though that case is not precisely in point. In Kubrick, the Court stated that even if a putative malpractice plaintiff conducts a reasonable investigation and relies upon erroneous medical advice that there was no negligence, the beginning of the limitations period would not be postponed.
[T]he putative malpractice plaintiff must determine within the period of limitations whether to sue or not, which is precisely the judgment that other tort claimants must make. If he fails to bring suit because he is incompetently or mistakenly told that he does not have a case, we discern no sound reason for visiting the consequences of such error on the defendant by delaying the accrual of the claim until the plaintiff is otherwise informed or himself determines to bring suit.
444 U.S. at 124, 100 S.Ct. at 360. The Court’s language suggests that once an injured party learns of his injury and its immediate cause, then he is on the same footing as any other injured party. The fact that a reasonably diligent investigation would not have discovered the defendant’s involvement is no longer relevant for the purposes of accrual of the statute of limitations. Davis v. United States, 642 F.2d 328 (9th Cir.1981), cert. denied, 455 U.S. 919, 102 S.Ct. 1273, 71 L.Ed.2d 459 (1982).
The undisputed facts show that the Zelezniks knew in 1974 of their injury and its immediate cause. The Zelezniks therefore possessed sufficient critical facts to investigate, and there was no active concealment by the INS. Thus 1974 was the date when the statute began to run on any claim against the government. Admittedly, there is a certain harshness in this application of the rule but such a consequence is implicit in statutes of limitations generally.
III.
The order of the district court will be affirmed.