The statute of limitations is a strict legal deadline that dictates how long you have to file a lawsuit. In personal injury cases—like those stemming from car accidents, medical malpractice, or product liability—these deadlines are critical. But are there exceptions? Can you still sue if you miss the cutoff?
1. The Discovery Rule
When it applies: When the injury was not immediately known or discoverable.
Example:
A patient undergoes surgery and suffers internal injuries due to a surgeon’s negligence, but the damage is only discovered months or even years later. In this case, the statute may begin on the date of discovery, not the date of the surgery.
Applicable Areas:
- Medical malpractice
- Toxic exposure
- Defective products
Caveat: Courts typically apply a “reasonable person” standard—if a reasonable person would have discovered the injury earlier, the exception might not hold.
2. Minority: The Victim Is a Child
When it applies: If the injured person was under 18 at the time of the accident.
Most states pause (or “toll”) the statute of limitations for minors. The clock usually begins when the child turns 18.
Example:
A 16-year-old injured in a car crash in a state with a 2-year statute will typically have until age 20 to file suit.
3. Mental Incapacitation
When it applies: When the victim is mentally incapacitated and unable to understand their legal rights.
The statute may be tolled if the person is:
- In a coma
- Diagnosed with a cognitive disability
- Suffering from severe trauma or mental illness
Important: Incapacitation must occur at the time the statute starts, not later during the limitation period.
4. Fraudulent Concealment
When it applies: When the defendant intentionally hides wrongdoing or critical facts.
If a doctor, company, or other party intentionally withholds or covers up information that would have allowed the victim to know about the injury or their right to sue, the statute can be paused until the fraud is discovered.
Example:
A medical device manufacturer knowingly distributes defective implants and conceals reports of failure. A victim who discovers the defect years later may argue for tolling based on fraud.
5. Continuing Harm or Injury
When it applies: When the wrongful act causes ongoing or repeated harm.
In these cases, courts may restart the statute with each instance of damage.
Example:
Repeated exposure to a hazardous chemical at work may cause ongoing health deterioration. Each new exposure could reset the clock.
6. Defendant Not Within Jurisdiction
When it applies: When the at-fault party leaves the state or country after the injury occurs.
Some states toll the statute if the defendant cannot be served due to absence from the state.
Example:
A negligent driver who moves overseas may temporarily “pause” the statute, which resumes once they return or are reachable via proper legal channels.
7. Government Claims: Different Rules Entirely
Claims against government agencies often have shorter deadlines and specific notice requirements. However, tolling may apply if the agency fails to provide timely responses, misleads the claimant, or fails to disclose key facts.
When Courts Will Not Make Exceptions
Even valid claims can be barred if no exception applies. Courts are usually strict about the statute of limitations unless:
- There’s clear statutory language allowing tolling.
- Evidence strongly supports the exception.
Missing a deadline without one of the above justifications almost always results in dismissal.
What You Should Do If You’re Close to the Deadline—or Past It
- Consult an attorney immediately. Exceptions are complex and often require legal arguments and documentation.
- Gather proof of the delay’s cause, such as medical records, travel documentation, or expert testimony.
- Act fast. Waiting too long, even with a potential exception, can undercut your case.
Final Thought
The statute of limitations is not always final—but exceptions are narrow, fact-dependent, and often require legal intervention. If you believe you have a valid claim but worry you’re out of time, don’t self-disqualify. Courts occasionally allow the clock to be stopped—but only for those who act swiftly, and with the right legal support.