Equitable tolling

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Equitable tolling is a principle of tort law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the limitations period.

For example, when pursuing one of several legal remedies, the statute of limitations on the remedies not being pursued will be equitably tolled if the plaintiff can show:

1. Timely notice to the adverse party is given within applicable statute of limitations of filing first claim
2. Lack of prejudice to the defendant
3. Reasonable good faith conduct on part of the plaintiff.