Time can make or break a legal case. The legal system requires lawsuits to be filed within a predetermined time limit, which is called the statute of limitations.
But what happens if time runs out before you can take legal action? It is possible to toll the statute of limitations, which pauses or extends the deadline in certain situations.
If you’ve heard of “tolling” but aren’t quite sure what it means, don’t worry. We’ll break it down so you can understand how it works and when it applies.
What Is the Statute of Limitations?
The statute of limitations specifies the ultimate deadline for filing a lawsuit. The court will reject your claims if you file your case after the deadline.
The statute of limitations for lawsuits varies according to the type of legal matter and the jurisdiction in which the case is filed. For example, the time limit to file personal injury lawsuits is generally shorter than the time limit for filing contract disputes.
After the deadline expires, you lose your right to initiate legal action. However, tolling allows you to extend the statutory deadline, giving you more time to file a lawsuit.
What Is Tolling?
Tolling is a legal principle that postpones or pauses the countdown of the statute of limitations. In other words, tolling pushes forward the original deadline for filing lawsuits.
Each state has its own rules for tolling. At the federal level, laws like 18 U.S.C. § 3290 explain when the statute of limitations can be paused. Knowing how all of these work can help with your legal cases.
Why Is Tolling Important?
Tolling the statute of limitations offers you several benefits.
Allows More Time to Think
The tolling agreement specifies the time that both parties agree to suspend the statute of limitations. The buffer period gives both parties time to think about their settlement approach.
If you’re the person suing, you get more time to decide if you want to move forward. If you’re the person being sued, you get more time to plan your defense or settlement options.
Encourages Settling of the Case
A tolling agreement suspends the statute of limitations to give both parties extra time to discuss a settlement before going to court. Most parties in legal disputes generally want to avoid trials since they’re expensive and take a lot of time.
Prevents Wrongdoers From Hiding Behind Time
The party responsible for your claim might delay or hide their misconduct to make you miss the lawsuit deadline. Tolling acts as a pause button when someone tricks you into doing so. It halts time until you become aware of the concealed wrongdoing.
If tolling did not exist, dishonest parties could avoid being held accountable by simply letting deadlines pass.
Allows Time for Discovery of Harm
Not every injury or damage shows up right away. People sometimes discover their injuries months or even years after they occur. This happens a lot with medical malpractice and toxic exposure, where the effects take time to develop.
Tolling ensures that the statute of limitations does not start counting down until you become aware of the injury. This rule protects people who might otherwise lose their right to seek justice simply because the injury was not immediately obvious.
Protects Those Who Cannot Act Immediately
Tolling helps people who physically, mentally, or legally can’t take action right away. This principle ensures that legal processes remain fair to everyone.
Common Reasons for Tolling the Statute of Limitations
There are certain situations when the timeline of a statute of limitations stops running. Some of the most common reasons include:
When the Defendant Is Out of State
The law acknowledges that it would be unjust to continue the countdown when it is impossible to serve the defendant with court documents. So, when a defendant leaves the jurisdiction or goes into hiding, the statute of limitations clock stops running until they return or can be located.
Discovery Rule
There are situations where a person does not discover the cause of an injury until sometime after it happened. Under the discovery rule, the clock starts when you realize you’re injured, not when it actually happened.
The discovery rule helps pause the statute of limitations, making sure the time limit starts when the injury is discovered, not when it happened. However, even if it applies, it is important to remember that there may be other bigger deadlines after which you can no longer file a lawsuit. This deadline is known as the statute of repose.
A statute of repose bars you from filing a lawsuit after a given number of years, no matter when you discover an injury. That is why it is important to consult a lawyer if you are unsure about your case.
In Case of Fraudulent Concealment
The statute of limitations can be paused when fraudulent concealment occurs.
Fraudulent concealment is when a defendant engages in deceptive actions to prevent the plaintiff from identifying a possible cause of action. For instance, the defendant can present fake documents or tell lies to the plaintiff to ensure they remain unaware of the need to file a cause of action.
Mental Incapacity
Mental incapacity refers to a condition where a person cannot comprehend information or make rational decisions. Those who suffer from it might not be able to understand their legal rights or make well-informed decisions.
For tolling to apply, the condition must exist at the time the legal claim arises. But it may not be permitted if someone becomes incapacitated once the statute of limitations begins to run.
Seek Legal Advice
Tolling the statute of limitations extends your time to file a lawsuit, but this extension does not last forever. You should immediately consult a lawyer if you think tolling might apply to your case. He or she will assess whether tolling applies to your case to ensure you maintain your chance to seek justice.
Remember that acting fast will make all the difference to your case. You not only preserve important evidence but also strengthen your legal position.
