When a personal injury occurs, the law sets a strict deadline—known as the statute of limitations—for filing a lawsuit. However, exceptions exist for individuals who are legally unable to advocate for themselves due to age or mental incapacity. In these situations, the statute of limitations may be paused, or “tolled,” to provide a fair opportunity for legal recourse once the individual is capable of participating in the process.

Tolling the Statute of Limitations

In most states, when a person is legally incapacitated—either due to being a minor or suffering from a mental disability—the statute of limitations does not begin immediately. Instead, the law allows for a delay in the countdown to ensure the individual isn’t unfairly barred from seeking justice due to their inability to act on their own behalf.

Once the period of legal incapacity ends—whether that’s when the minor turns 18 or the incapacitated person regains competency—the statute of limitations begins running as it would for any other adult.

Minors and Personal Injury Claims

For individuals under 18, the law generally recognizes that minors cannot initiate legal proceedings on their own. As a result, many states toll the statute of limitations until the individual reaches the age of majority.

Example:

If a 12-year-old child is injured in an accident and the state has a two-year statute of limitations, that two-year period typically doesn’t begin until the child turns 18. They would then have until their 20th birthday to file a lawsuit.

However, there are exceptions. In some states, specific claims—such as those against a government entity or for medical malpractice—have firm deadlines that may not be extended for minors. Other jurisdictions impose an overall time cap, limiting how long even a tolled claim can remain viable.

Mentally Incapacitated Adults

Adults who are deemed mentally incapacitated at the time of their injury may also benefit from tolling provisions. This generally applies to individuals with severe cognitive disorders, traumatic brain injuries, psychiatric conditions, or developmental disabilities that impair their ability to understand their legal rights or participate in the judicial process.

In these cases, the statute of limitations may be tolled until the person is declared legally competent. If they never regain capacity, a legal guardian or conservator can typically file a claim on their behalf.

It’s important to note that not all mental illnesses qualify for tolling. Courts often require clear evidence—usually from medical professionals—that the individual lacked the legal capacity to understand the nature of the proceedings.

Limits on Tolling

While tolling offers critical protection, it’s not without boundaries. Many states set an absolute deadline—sometimes referred to as a “statute of repose”—which applies regardless of the individual’s legal capacity. In these cases, even a tolled claim must be filed within a fixed number of years from the date of the incident.

Additionally, tolling rules are often more restrictive when claims involve public entities. For instance, some states require that a notice of claim be filed within a few months, even if the injured party is a minor or incapacitated.

Who Can File on Their Behalf?

Since minors and mentally incapacitated individuals typically can’t file legal claims on their own, the court system allows a parent, legal guardian, or court-appointed representative to file a lawsuit on their behalf. This helps ensure the injured party’s rights are protected even while they’re unable to act for themselves.

In the case of settlements, courts often require additional safeguards, such as approval hearings or structured payment plans, to ensure the long-term welfare of the individual.

Practical Considerations

• Act promptly: Tolling can offer extra time, but it should not be relied on as a fallback. Early legal consultation is always advisable.
• Preserve evidence: Delays—especially long ones—can compromise the availability and quality of evidence. Documentation and witness accounts should be gathered as early as possible.
• Consult a specialist: Personal injury claims involving minors or incapacitated adults can be legally complex and may involve overlapping rules. An attorney experienced in these issues can navigate the process effectively and protect the injured person’s rights.