What Is a Statute of Limitations?
A statute of limitations is a law that prescribes the time period in which a plaintiff may file a lawsuit. If the plaintiff files their lawsuit after the statute of limitations for their claims has expired, their case will be dismissed, and they will have no remedy for their injuries. In personal injury cases, the statute of limitations typically begins to run on the date the plaintiff was injured. In some cases, the statute of limitations will begin to run on the date the plaintiff discovered or should have discovered their injury. Statutes of limitations vary from state to state and by the type of case, so it is important that you check your state’s statute of limitations if you are considering filing a personal injury lawsuit.
There are, however, a few ways to extend, or toll, the statute of limitations past the number of years prescribed by the statute.
Equitable Tolling
A court will toll the statute of limitations applicable to a plaintiff’s claims if an extenuating circumstance makes it unfair to bar the plaintiff’s case. The doctrine of equitable tolling allows a court to extend the statute of limitations if the plaintiff did not discover their injury until after the statute of limitations expired, despite having exercised all reasonable care and diligence. This usually occurs because the defendant’s own intentional misconduct prevented the plaintiff from discovering their injury until after the statute of limitations had run. Courts will not allow the defendant to benefit from their own wrongdoing by barring the plaintiff from bringing their claims, and will instead preclude the case from being dismissed for lack of timeliness.
However, in order for equitable tolling to apply, the plaintiff must show that the defendant took some affirmative action after the plaintiff’s injury occurred to prevent the plaintiff from discovering the injury. If the defendant simply fails to disclose the injury to the plaintiff, equitable tolling will not apply. Additionally, the statute of limitations is only tolled until the plaintiff could have discovered their injury through the exercise of reasonable care. A plaintiff must assert the doctrine of equitable tolling after a defendant has moved to dismiss the case for falling outside of the statute of limitations.
Other Ways to Toll the Statute of Limitations
A court might also extend the statute of limitations if the plaintiff knows they are injured but cannot, even through the exercise of reasonable care, determine whether their injury is the result of someone else’s wrongdoing. For example, a plaintiff might not have access to the evidence they need to determine what caused their injury.
A court will also extend the statute of limitations if one of the parties is under a legal disability during the time period prescribed by the statute of limitations. Minors and those with mental illnesses are considered to be incapable of initiating a lawsuit on their own behalf. In such a case, the statute of limitations will be tolled until a fixed number of years after the legal disability has been removed. For instance, once an injured minor reaches the age of majority, the statute of limitations on their claims will begin to run.
