Tolling and Exceptions to Statute of Limitations

Posted on Wednesday, June 10th, 2020 at 6:49 am    

If you are injured in a car accident or due to medical malpractice you must understand the statute of limitations. There are instances where the statute of limitations is tolled. Knowing this can make the difference between recovering from an accident or not. This article will discuss statute of limitations, tolling and exceptions of the statute of limitations.

If the statute of limitations is exceeded, the plaintiff is generally barred from bringing forth a case. Therefore, even if the plaintiff has a valid personal injury claim they will not be able to get compensation. This happens if the plaintiff fails to file the claim within the relevant time frame.

Exceptions to Statute of Limitations

However, there are exceptions to this rule where the statute of limitations may be extended or tolled. When a statute of limitations is said to be tolled it means that the time frame has been legally suspended. This basically means that the clock is stopped for a specific time period. This in turn extends the amount of time that a plaintiff has to bring forth a case. There are a number of reasons for the tolling of the statute of limitations, some of these include the following:

  • Discovery of harm – the statute of limitations starts after the plaintiff has learnt about the actual harm or reasonably should have learned about it. For example, in asbestos cases where mesothelioma or some other asbestos caused illness. This does not present until decades after the plaintiff’s exposure to the materials that contained asbestos.
  • Fraudulent concealment – this happens when a defendant acts in a misleading or deceptive way to conceal their harm or error. Or trying to stop the plaintiff recognizing a potential cause of action. For example, where a defendant directly lies to a victim or fakes documents.
  • Disability – this may be some reason why a person cannot bring forth a cause of action. For example, a victim is a minor or not legally permitted to bring forth a case.

Seek legal advice and representation from the Vinson Law Office, today.


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