What is tolling?
Tolling means stopping the clock on a legal deadline, usually the statute of limitations, so you get extra time to file a lawsuit. The clock does not start over. It pauses for a reason the law accepts, such as the injured person being a child, and then picks up where it left off.
Last checked November 9, 2026 · Official sources (5)
How does tolling work? An example with an injured child
EXAMPLE ONLY. Jayden is 12 when a dog bites him in Tucson. Arizona's basic injury deadline is two years, but the time while he is under 18 is not counted. So his two years do not begin until his 18th birthday, and he could still file at 19.
That does not mean his family should wait. Six years later the dog owner may have moved, the witnesses may have forgotten, and the medical records are harder to collect. A parent's own claim for the child's medical bills can follow a different clock, so tolling for the child does not always help the parent.
Why does tolling matter after an injury?
Tolling can save a claim that looks too late. But it is narrow, and people get into trouble assuming it applies. Calling the insurer, getting treatment or waiting for a police report usually does not toll anything. The reasons that count are set by each state's law, and they differ a lot.
If you think a pause applies to you, write down why and check it early. Deadline questions that turn on tolling are a common reason people ask a lawyer before they file.
Does tolling for minors differ by state?
| State | Rule for a person hurt as a minor |
|---|---|
| Arizona | Time under 18 is not counted. |
| Texas | Time under a legal disability, which includes being under 18, is not counted. |
| California | Time as a minor is not counted, with exceptions such as some claims against public entities. |
| Florida | Tolled only in narrow cases, such as when no parent or guardian exists, and suit must start within 7 years. |
Each state's page lists its basic deadline and the statute behind it:
Tolling vs. extending or restarting a deadline
Tolling is a pause, not a reset. If the clock ran for 8 months before the pause, those 8 months stay used. A tolling agreement is a different thing: a written deal in which the other side agrees to pause the deadline, often while both sides keep negotiating. Never assume a phone call created one.
Questions
Does negotiating with the insurance company toll the statute of limitations?
Not by itself. Tolling happens for reasons the law sets, and ordinary settlement talks are usually not one of them.
Does tolling apply to a statute of repose?
Usually much less, if at all. Repose deadlines are built to be hard limits, so check the specific statute.
My child was hurt. Do we have extra time?
Often yes, for the child's own claim. In Texas, being under 18 is a legal disability, and that time is not counted. Florida is much stricter, so check your own state.
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See if I’m owed moneySources (5)
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “To stop the running of a time period, such as one set by a statute of limitations, essentially extending the time for parties to take legal action.”
- A.R.S. § 12-502, checked 2026-11-09. “either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action.”
- Fla. Stat. § 95.051(1)(i), checked 2026-11-09. “The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in which a parent, guardian, or guardian ad litem does not exist”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-09. “If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period.”
- Cal. Civ. Proc. Code § 352(a), checked 2026-11-09. “either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action.”