tolling
Insurance companies and defense lawyers sometimes talk about a filing deadline as if it were fixed in stone: miss it, and the case is over. That framing leaves out tolling, which is the legal rule that pauses or extends the clock on a deadline, most often the statute of limitations. The deadline does not disappear, but it may stop running for a period because of a legally recognized reason, such as the injured person being a minor, mental incapacity, or the harm not being reasonably discoverable right away.
In practice, tolling can decide whether a lawsuit is timely or gets thrown out before the facts are ever heard. In Massachusetts, the general personal injury filing deadline is usually three years under Mass. Gen. Laws ch. 260, § 2A, and medical malpractice claims are generally governed by Mass. Gen. Laws ch. 260, § 4, with related timing rules under § 4C. Tolling issues often come up when an injury unfolds over time or is not obvious at first. A crash made worse by a hidden vehicle defect after a winter pothole impact, for example, can raise questions about when the claim really accrued.
For an injury claim, tolling matters because it can preserve the right to sue even when the defense says the window has closed. But it is rarely automatic, and courts expect a specific legal basis, not just a good explanation for delay.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
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