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Toll: A Comprehensive Guide to Its Legal Meaning and Applications
Definition & Meaning
The term "toll" has multiple meanings. In general, it refers to a fee paid for the right to use a specific service, such as crossing a bridge or traveling on a highway. This fee is often considered a tax for the privilege of access.
In a legal context, "toll" can mean to temporarily suspend or extend the time limit for legal actions, such as the statute of limitations. For instance, some laws allow for the tolling of the statute of limitations for victims of childhood sexual abuse, meaning that the time limit to file a claim is paused until the victim is ready to come forward.
Table of content
Legal Use & context
The concept of tolling is commonly used in civil law, particularly in cases involving personal injury, fraud, or abuse. It allows individuals additional time to file claims when certain conditions are met, such as the discovery of new evidence or the victim's inability to act due to circumstances like repressed memories.
Users can manage some aspects of tolling through legal templates available on platforms like US Legal Forms, especially when dealing with claims related to childhood abuse or other personal injury cases.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
One example of tolling is found in statutes that allow victims of childhood sexual abuse to file claims after the traditional statute of limitations has expired. In this situation, the law may toll the limitations period until the victim is able to come forward.
(Hypothetical example) A person discovers they were a victim of fraud only years after the incident occurred. If the law allows for tolling, they may still be able to file a lawsuit despite the typical time limits.
State-by-state differences
Examples of state differences (not exhaustive):
State
Tolling Provisions
California
Allows tolling for victims of childhood sexual abuse until age 26.
New York
Permits tolling for certain claims related to repressed memories.
Texas
Has specific statutes for tolling in cases of fraud.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Toll
To suspend or extend the time limit for legal actions.
Waiver
The voluntary relinquishment of a known right, often related to time limits.
Statute of Limitations
The maximum time period allowed for filing a lawsuit.
Common misunderstandings
What to do if this term applies to you
If you believe tolling may apply to your situation, consider the following steps:
Document any relevant information and evidence regarding your case.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that may assist you in filing a claim.
Complex situations may require professional legal help, so do not hesitate to seek guidance.
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