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Tolling Provisions: Although you should never rely upon these to grant you more time, many state’s law have numerous tolling provisions. Since each state varies greatly, you will need to check with a lawyer to find out if you might still have a case because of a tolling provision. The two most common tolling provisions are absence from the state and tolling due to disability.

Absence from the state: if your state has this provision, it says that when the defendant, not you, leaves the state, the statute is tolled while he is outside of the state. Some states, like Washington State, add that if he is concealing himself so as not to be served, the statute is also tolled. Thus, if you have a claim against a drunk driver and he leaves the state, your statute of limitations is tolled while he is out of the state.

Disability: Many states also toll the statute of limitations for incompetency. Most of these laws state that the disability has to exist when the person is injured. A typical example is when a person is in a bad wreck, and he becomes unconscious in the course of the wreck. If he stays unconscious for two weeks, then the statute was tolled, or stopped from running, for two weeks. The disability usually has to be significant enough that they injured person would not be able to understand the nature of judicial proceedings.

Minors: in the case of minors, most states toll the statute of limitations until the minor reaches the age of 18. Thus, the statute starts running on their 18th birthday.

Military Service: this provision provides a tolling provision when the plaintiff or defendant is in military service.

Just because there is a tolling provision, it doesn’t mean that the case can’t be brought. If there is a minor or disabled person, a parent or guardian can still bring suit. In fact, it would probably be in the best

interest of a minor if such a suit was brought as soon as practical. Overtime, people’s memories fade, and evidence may be lost. Thus, it is best if parent or guardian seek to bring a lawsuit.

Discovery Rule: Some states have the discovery rule. In some rare cases, the plaintiff may not immediately know that they have been wronged or injured. In those cases, some state courts state the statute starts to run “when the plaintiff knew or should have known of facts giving rise to the case.” Don’t rely upon a discovery rule, but it might be applicable if you just learned you had been injured or hurt years ago. An example may be that a home repair is done where an improper gas line is installed. The homeowner has no reason to know that there was an improper gas line until it leaks and causes a fire. The improper line was negligent on the part of the installer, but as long as the homeowner had no reason to know, then they may be able to rely upon the discovery rule. However, suppose that another repairman came to the home a year later and told them the line was improper. The discovery rule runs from that point, and if they don’t do something about immediately, the statute could ultimately run. Thus, when the house burns, the time period would have expired.

Intentional Concealment: another possible defense to the statute of limitations is intentional concealment. Usually this arises when a professional conceals their own malpractice. An example may be a doctor telling a patient that they got some rare disease that caused their problem, when in fact, it was his own malpractice.

Death: death of either party can have an effect upon the statute of limitations, and may even shorten the time to bring a case. Normally, if a person has a case, it does not normally disappear upon his death, but becomes part of his estate. In some instances, probating may give additional time. There also may be deadlines in the probate that require disclosure of it as an asset. To make and general discussion of the laws, would just be misleading. If you have a loved one that had a case, and they have died, contact a lawyer immediately to discuss it. If they had a lawyer, you should contact them.