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Tolling of Statutes of Limitations: What You Need to Know
Definition & Meaning
Tolling of statutes of limitations is a legal concept that temporarily pauses the time period during which a person can bring a lawsuit. This means that the clock stops running on the statute of limitations, allowing individuals more time to pursue their legal rights. This can occur under certain circumstances, particularly when a person has been diligent in pursuing their claims but faces extraordinary obstacles that prevent them from filing on time.
Table of content
Legal Use & context
The tolling of statutes of limitations is commonly used in various areas of law, including civil, criminal, and family law. It is particularly relevant in cases where a party may be unaware of their legal rights or where external factors, such as illness or fraud, hinder the ability to file a claim. Users can often manage related forms and procedures through resources like US Legal Forms, which provide templates drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person diagnosed with a serious illness may not be able to file a lawsuit within the standard time frame due to their health condition. If they can show they were actively seeking legal advice during this time, the statute of limitations may be tolled.
Example 2: A victim of fraud may not discover the fraud until years after it occurred. If they can prove they were diligent in investigating the matter once they became aware, they may be entitled to toll the statute of limitations. (hypothetical example)
State-by-state differences
State
Key Differences
California
Allows tolling in cases of fraud or if the plaintiff is a minor.
New York
Tolling is permitted for mental incapacity.
Texas
Specific rules apply for tolling in personal injury cases.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Tolling
Pausing the statute of limitations.
Specific to extraordinary circumstances.
Suspension
Temporary halt of legal proceedings.
Often court-ordered, not based on individual circumstances.
Estoppel
Preventing a party from arguing something contrary to a previous claim.
Focuses on fairness rather than time limits.
Common misunderstandings
What to do if this term applies to you
If you believe tolling may apply to your situation, consider taking the following steps:
Document all efforts you have made to pursue your legal rights.
Identify any extraordinary circumstances that may have affected your ability to file on time.
Consult with a legal professional to assess your case and determine if tolling is applicable.
Explore US Legal Forms for templates that may help you prepare necessary legal documents.
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