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Tolling: When the Clock Pauses

Tolling pauses the statute of limitations clock for a defined period, then resumes it once the qualifying condition ends. It is different from the discovery rule, which changes when the clock starts rather than pausing it mid-run.

The most common tolling condition is minority: if the injured party was under 18 at the time of the incident, most states pause the clock until they reach adulthood. Mental incapacity can have a similar effect.

Some states also toll the clock if the defendant leaves the state and cannot be served with a lawsuit, or in certain cases involving fraud or concealment by the defendant.

Tolling rules vary significantly by state and by claim type, so a deadline that looks expired on paper may still be viable if a tolling condition applied for part of that period.

This guide explains general principles. Deadlines, exceptions, and how courts apply them vary by jurisdiction — check the state register for citations, and confirm anything you plan to act on with a licensed attorney.