Plain English Explanation
Under CPLR § 208, New York allows the statute of limitations to be “tolled” (delayed) in cases where the plaintiff is either a minor (under age 18) or legally insane at the time the cause of action accrues. This tolling gives such individuals more time to file a lawsuit after the barrier (infancy or insanity) ends.
Real-Life Examples
- Example 1: A child injured in 2018 has until 3 years after turning 18 (i.e., until 2029) to file a lawsuit, assuming a 3-year limit.
- Example 2: An individual declared mentally incompetent in 2020 regains capacity in 2023. The statute begins from 2023.
Why This Law Matters
This statute prevents vulnerable individuals—like children or those with mental illness—from unfairly losing the right to sue because they could not act in their own legal interests at the time the harm occurred.
Limitations and Exceptions
- For minors, the maximum toll is capped. E.g., for medical malpractice cases, total time including tolling cannot exceed 10 years.
- Tolling ends once the plaintiff turns 18 or regains mental competency.
- Insanity must render the individual unable to protect their legal rights—not just depression or stress.
Key Legal Terms
- Tolling: Legal pause on a statute of limitations period.
- Infancy: Legal term for being under the age of 18.
- Insanity: Mental incapacity that prevents understanding or pursuing legal action.
Frequently Asked Questions
Q1: If a child is harmed at age 10, when does the statute start?
A: It starts when they turn 18 and runs for the normal period from that point.
Q2: What qualifies as “insanity” for tolling?
A: A mental condition so severe it prevents legal awareness or action, supported by documentation or court finding.
Q3: Does stress or anxiety count as tolling-eligible?
A: Usually not. The law requires a clear and serious incapacity.
Legal References and Case Example
Expert Commentary
While tolling protects the vulnerable, it is not a loophole. Courts carefully scrutinize claims of incapacity. Plaintiffs must show substantial evidence, especially in mental incapacity cases. Don’t assume you’re covered—always check the deadlines once capacity is restored.
User Experiences
- “I was injured as a teen. I’m glad the law gave me a second chance.” – Leah R., Brooklyn
- “My brother was mentally unfit for years. This rule allowed us to file on his behalf.” – Carlos D., Syracuse
