Tolling the Statute of Limitations

Anyone injured due to someone else’s negligence may be liable to put forth a claim for compensation. This can be done through a personal injury claim. However, each claim has a set amount of time awarded to it for the claims process to begin, the statute of limitations. However, there are circumstances whereby this time period is stopped or tolled; referred to as tolling the statute of limitations.

Tolling the Statute of Limitations

The statute of limitations is defined as “Any law that bars claims after a certain period of time passes after an injury.” Each state has its own set of time limits when action must be taken on a case. If the statute of limitations is exceeded, the plaintiff is generally barred from bringing forth a case. No matter how good the case is, the plaintiff can no longer file the claim.

However, there are exceptions to this rule by way of the tolling of the statute of limitations. To toll is to stop the clock as it were of the running time period set. When a statute of limitations is tolled it is legally suspended; extending the time a plaintiff has to bring forth a case. Some reasons for tolling the statute of limitations are:

• Discovery of harm – for the statute of limitations clock to begin the plaintiff has to learn about the actual harm. Or reasonably should have learned about the harm. Therefore, the clock is tolled until such a time.
• Fraudulent concealment – when a defendant misleads or lies so as to conceal a plaintiff’s recognizing a possible cause of action. Until such time the plaintiff is aware of the harm that was concealed the clocks are stopped.
• 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.