The Concept of Tolling
"Tolling" is a legal term that refers to the suspending or pausing of the statute of limitations clock. When a statute is tolled, the time that passes is not counted toward the deadline. Effectively, the stopwatch is paused, and it only resumes once the condition causing the tolling is resolved.
Tolling provisions are essential for fairness. They recognize that there are specific circumstances where a plaintiff simply cannot file a lawsuit, legally or practically. Without tolling, vulnerable populations (like children) or victims of deceit would be unfairly stripped of their legal rights.
Major Types of Tolling
1. Legal Disability (Minors and Incompetency)
A child (minor) generally cannot file a lawsuit in their own name; a parent or guardian must do it for them. If the parents fail to act, the child shouldn't be punished. Therefore, in most states, the statute of limitations for injuries to a minor is tolled until their 18th birthday. If a child is injured at age 10 in a state with a 2-year limit, the clock doesn't start until they turn 18, giving them until age 20 to sue.
Similarly, if a person is mentally incapacitated (e.g., in a coma or suffering from severe mental illness) at the time of the injury, the statute is often tolled until they regain competency.
2. Defendant's Absence from the Jurisdiction
If a defendant commits a wrong and then flees the state or goes into hiding to avoid being served with legal papers, the law prevents them from benefiting from their evasion. The statute of limitations is typically tolled for the entire period the defendant is absent or concealing themselves. Once they return or are located, the clock resumes.
3. Equitable Tolling
This is a discretionary form of tolling applied by judges in the interest of justice. It is used when a plaintiff has pursued their rights diligently but some extraordinary circumstance stood in their way. Examples might include:
- A lawyer's severe illness or death prevented filing.
- The court system was closed due to a natural disaster or pandemic.
- The plaintiff filed in the wrong court (e.g., federal instead of state) by mistake but within the deadline.
4. The "Automatic Stay" in Bankruptcy
If a defendant files for bankruptcy, federal law imposes an "automatic stay." This stops all civil lawsuits against them immediately. During this bankruptcy process, the statute of limitations on those pending claims is generally tolled. This protects creditors' rights to pursue the debt if the bankruptcy is dismissed or after the stay is lifted.
Conclusion
Tolling is complex and highly fact-specific. Never assume your statute is tolled without legal advice. While these mechanisms exist to help, courts interpret them narrowly to preserve the general rule that deadlines must be respected.