CAN A STATUTE OF LIMITATIONS BE TOLLED OR EXTENDED?
It may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been “tolled”. When it is said that a statute is “tolled”, it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant’s bankruptcy (the “automatic stay” in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted). With the exception of medical malpractice actions, most claims for injuries sustained by a minor as a result of negligence must be brought within four years of the date of the injury. For injuries to a child under the age of eight resulting from medical malpractice, under Florida law the child must file suit by his or her
