Legal
How 'Tolling' Can Pause the Statute of Limitations Clock
Explore the legal concept of 'tolling,' which can temporarily stop the statute of limitations from running in situations involving minors, incompetency, or fraud.
In the legal world, a statute of limitations acts like a ticking clock, setting a firm deadline for filing a lawsuit. But what if that clock could be paused? This is the concept of **"tolling."** Tolling is a legal doctrine that temporarily stops the statute of limitations from running, effectively giving a plaintiff more time to file their claim. Understanding tolling is crucial, as it can be the difference between having a valid case and having it dismissed.
What Does "Tolling" Mean?
To "toll" a statute of limitations means to pause it. The time during which the statute is tolled does not count toward the time limit for filing the claim. Once the condition that caused the tolling is resolved (e.g., a child turns 18), the clock starts running again.
Tolling vs. The Discovery Rule
It's important to distinguish tolling from the Discovery Rule. The Discovery Rule dictates **when the clock starts**, delaying the start date until an injury is found. Tolling, on the other hand, **pauses a clock that has already started** or would have otherwise started. Both result in giving the plaintiff more time, but they are distinct legal concepts.
Common Scenarios Where a Statute May Be Tolled
The specific rules for tolling vary by state, but here are some of the most common situations where a court might pause the clock:
Victim is a Minor
This is one of the most common reasons for tolling. In many states, the statute of limitations for an injury to a minor is paused until the child turns 18. This gives them the opportunity to file a lawsuit as an adult.
Defendant Leaves the State
If the person you need to sue leaves the jurisdiction to avoid being served with a lawsuit, the court may toll the statute of limitations for the period they are absent.
Victim is Mentally Incompetent
If the injured party is legally deemed mentally incompetent or incapacitated at the time of the injury, the statute of limitations may be tolled until they regain their competency.
A Complex Legal Issue
Whether tolling applies to your situation is a highly specific legal question that depends on the laws of your state and the facts of your case. Our Statute of Limitations Calculator does NOT account for any tolling provisions. You must consult a qualified attorney to determine if your filing deadline might be extended.