Tolling of Statutes of Limitation

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.

In Florida the statutes of limitation do not count the time in which a person is a minor or judicially declared incompetent, if a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue. However, the time to file cannot be extended beyond seven years from when the wrongful act occurred.

§ 95.051, Fla. Stat

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