Legal Definitions - equitable tolling

Equitable tolling is a legal doctrine that allows a plaintiff to file a claim even if the statute of limitations has expired. This means that if a plaintiff did not discover an injury until after the limitations period had expired, they can still file a claim if they can prove that they made diligent efforts to discover the injury.

Equitable tolling does not require any misconduct by the defendant. For example, if a plaintiff was not aware of a medical condition caused by a defective product until after the statute of limitations had expired, they may still be able to file a claim if they can show that they made reasonable efforts to discover the injury.

Another example of equitable tolling is when a plaintiff files a lawsuit in one court and then refiles in another court. In this case, the statute of limitations does not run while the litigation is pending in the first court if certain requirements are met. These requirements include timely notice to the defendant, no prejudice to the defendant, and reasonable and good-faith conduct on the part of the plaintiff.

For instance, if a plaintiff files a lawsuit in a state court and then refiles in a federal court, the statute of limitations may be tolled if the plaintiff meets the requirements for equitable tolling. This means that the plaintiff can still pursue their claim even if the statute of limitations has expired.