Legal Definitions - tolling statute

A tolling statute is a specific law that temporarily pauses or suspends the countdown of a legal deadline, known as a statute of limitations. A statute of limitations sets the maximum period within which a lawsuit or other legal action must be initiated after an event occurs. When a tolling statute applies, it essentially stops the clock on this deadline for a certain period, allowing the legal action to be brought later than it otherwise would have been. This often happens in situations where it would be unfair or impossible for a person to file a lawsuit within the standard timeframe, such as when the injured party is a minor, is mentally incapacitated, or when the responsible party cannot be located.

Here are some examples illustrating how a tolling statute works:

• Example 1: Minority

  Imagine a five-year-old child who suffers a severe injury due to a defective toy. Most states have tolling statutes that pause the statute of limitations for minors. In this scenario, the standard deadline for filing a product liability lawsuit might not begin to run until the child reaches the age of majority (typically 18). This ensures that the child, once an adult, has a fair opportunity to pursue legal action for their injuries, as they were unable to do so independently during their childhood.

• Example 2: Defendant's Absence

  Consider a situation where a driver causes a serious car accident and then immediately flees the state, making it impossible for the injured party to locate them and serve them with legal papers. Many jurisdictions have tolling statutes that suspend the statute of limitations if the defendant leaves the state or conceals their whereabouts, preventing them from being served with a lawsuit. The clock on the deadline to sue would be paused for the entire time the driver is absent and cannot be found, resuming only when they return or their location becomes known. This prevents defendants from escaping liability simply by disappearing until the deadline passes.

• Example 3: Mental Incapacity

  Suppose an adult suffers a traumatic brain injury in an accident, rendering them mentally incapacitated and unable to understand or manage their legal affairs. Tolling statutes often exist to protect individuals who are mentally incapacitated. If the injured person is deemed legally incompetent due to their injury, the statute of limitations for filing a personal injury claim might be paused until they regain mental capacity, or until a legal guardian is appointed to act on their behalf. This ensures that a person's inability to comprehend their legal rights does not unfairly prevent them from seeking justice.