Tolling a Statute of Limitations
What is Tolling a Statute of Limitations?
Tolling a Statute of Limitations may refer to a legal principle that allows the suspension of certain time limits for filing a lawsuit. The ‘statute of limitations’ is a legal term used to refer to a set amount of time within which a legal action must be started. In the case of tolling, this period is paused or suspended in order to allow a person more time to pursue a legal action.
Tolling a Statute of Limitations in More Detail
Generally speaking, tolling a statute of limitations can be used to pause the time limit in order to extend the period of time a person has to pursue a legal action. This may be necessary in cases where a person has been unable to pursue a legal action within the set time limit due to circumstances beyond their control.
There are a few common situations where tolling a statute of limitations may be applicable. These include the time period being tolled while a person is a minor, if a person is imprisoned or otherwise mentally incompetent, or if a person is unable to discover the cause of action until after the time limit has passed.
In general, tolling a statute of limitations is done to provide people with an opportunity to pursue a legal action when they were unable to do so within the set time limit. It is important to note that not all states allow tolling a statute of limitations and even when it is allowed, the tolling period may vary depending on the state. Therefore, if one wishes to pursue a legal action, it is important to check the laws of the applicable state to determine if tolling a statute of limitations is possible.
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