Statutes of Limitation
A statute of limitations sets a limit of the maximum amount of time after a wrong occurs in which a person harmed by that wrong may file a lawsuit. These limitations periods can be suspended (“tolled”) for certain reasons, including when the person harmed is a minor child or is not mentally capable of understanding that he or she has been harmed.
If a person is underage or insane when a cause of action accrues, the time to file a lawsuit is extended by three years after the disability is removed, provided that the original limitations period was at least three years. If the original limitations period was less than three years, the limitation is extended by the period of disability. However, the time to bring an action can generally not be extended to more than ten years after the cause of action accrued, though this can be done in most cases where the person’s disability is due to infancy.