When the Rules Bend
While statutes of limitations are strict "procedural" rules, the law is ultimately about justice. Over centuries, common law has developed several standard exceptions where strict enforcement of a deadline would be fundamentally unfair. Below are the five most common exceptions invoked in civil litigation.
1. The Discovery Rule
As discussed in detail in our dedicated article, this exception delays the start of the clock until the injury is discovered. This is most relevant in fraud, medical malpractice, and toxic tort cases where the harm is inherently concealed.
2. Minority (Age) of the Plaintiff
Children lack the legal capacity to sue. It is a nearly universal exception that the statute of limitations does not run against a minor. If a 5-year-old is injured, the clock is usually paused until they turn 18. This preserves their right to seek compensation for childhood injuries once they become adults.
3. Mental Incapacity
If a plaintiff is mentally incompetent-whether due to the injury itself (like a traumatic brain injury) or a pre-existing condition-the statute is tolled. The logic is that a person who cannot understand their legal rights cannot be expected to enforce them. This tolling usually ends once a legal guardian is appointed or the individual regains competency.
4. Fraudulent Concealment
This is an exception based on the defendant's bad faith. If a defendant actively hides their wrongdoing-for example, a mechanic who glues a broken part back together to hide a mistake, or an accountant who shreds documents to hide theft-they cannot use the statute of limitations as a defense. The clock is paused during the period of concealment because the defendant's own fraud prevented the plaintiff from suing on time.
5. Military Service (SCRA)
The Servicemembers Civil Relief Act (SCRA) is a powerful federal law. It states that the period of a servicemember's military service may not be included in computing any period limited by law for the bringing of any action or proceeding. This applies whether the servicemember is the plaintiff or the defendant. This ensures that those serving their country are not penalized by the legal system while deployed or on active duty.