Tolled SoL for π's infancy: which statement is accurate?

Tolled SoL for π's infancy: which statement is accurate?

• A. The toll ends at age 18
• B. For 3+ SoL, toll is always 3 years
• C. For 3 SoL, toll equals entire SoL
• D. For 3+ SoL, the toll is the longer of 3 years or remaining SoL; for 3 SoL, toll the whole SoL; medical malpractice tolling is capped at 10 years

Answer: (D)

Tolling for infancy hinges on how long the underlying statute of limitations is. When a plaintiff is a minor, time during which they’re underage doesn’t count toward the deadline, but the amount of tolling depends on the length of the original SOL and on special caps. If the original SOL is more than three years, you toll the longer of three years or the remaining portion of the SOL until the minor reaches the age of majority. If the original SOL is exactly three years, you toll the entire three years. And there’s a cap for medical malpractice actions, limiting tolling to ten years overall. So this answer reflects all of those pieces: for a SOL longer than three years, the toll is the longer of three years or the remaining SOL; for exactly three years, the toll is the full three years; and medical malpractice tolling cannot exceed ten years.

Tolling for infancy hinges on how long the underlying statute of limitations is. When a plaintiff is a minor, time during which they’re underage doesn’t count toward the deadline, but the amount of tolling depends on the length of the original SOL and on special caps.

If the original SOL is more than three years, you toll the longer of three years or the remaining portion of the SOL until the minor reaches the age of majority. If the original SOL is exactly three years, you toll the entire three years. And there’s a cap for medical malpractice actions, limiting tolling to ten years overall.

So this answer reflects all of those pieces: for a SOL longer than three years, the toll is the longer of three years or the remaining SOL; for exactly three years, the toll is the full three years; and medical malpractice tolling cannot exceed ten years.