Under state law, people who get hurt through the reckless or careless actions of another have a limited amount of time in which to actually file suit against the person at fault for their injuries. If you fail to formally start the litigation process within the deadline set by this “statute of limitations,” you will almost certainly be “time-barred” from ever seeking civil compensation for that particular injury, regardless of how much evidence you have proving that a specific other person was to blame for the harm you sustained.
Most of the time, the Phoenix, AZ slip and fall injury statute of limitations allows slip and fall victims a maximum of two years to file suit, starting from the date on which their injury actually occurred. However, there are a few unique circumstances under which the filing deadline for a particular plaintiff may differ slightly from this normal rule, as a slip and fall attorney from our team here at Phillips Law Group can further explain during a free, no-obligation consultation.
On its face, the fact that there is a statute of limitations restricting how long you have to sue over a slip and fall injury in Phoenix, AZ can feel very unfair to prospective plaintiffs hurt through the misconduct of others. While it is true that two years is a fairly short window of time in which to track down necessary evidence and compile it into a compelling lawsuit, there are ways in which the existence of the statute of limitations benefits both sides of these sorts of proceedings.
On the defendant’s side of things, the deadline set by the statute of limitations ensures they will not have the threat of a possible lawsuit hanging over their head indefinitely after an accident occurs on their land. As for injured people themselves, being required to sue within a certain period of time after getting hurt increases the chance that evidence vital to their claim will still be available and has not been lost, altered, or even intentionally destroyed by the time they start searching for it.
Strictly speaking, there are no exceptions allowed under state law to the slip and fall injury statute of limitations. However, there are certain circumstances under which the deadline applicable to your specific claim in Phoenix, AZ may be “tolled,” or extended, past the standard two-year deadline.
For example, the “Discovery Rule” allows courts to extend an injured person’s two-year filing period to account for time they lost by sincerely not being aware that they were hurt through someone else’s negligence—for instance, if they suffered an injury which did not produce noticeable symptoms for days or weeks after it first occurred. Likewise, if a person under the age of 18 gets hurt in a slip and fall and wants to sue on their own behalf, they typically have until their 20th birthday to do so, regardless of how old they were when they initially sustained injury.
In the immediate aftermath of a serious slip and fall accident, it is more than understandable if rushing to file suit in civil court is far from the first thing on your mind. However, thanks to the Phoenix, AZ slip and fall injury statute of limitations, it is usually crucial to start seeking civil restitution sooner rather than later after being hurt in this way.
An experienced legal representative can help ensure you are able to build and file the strongest possible claim within the deadline applicable to your specific circumstances. Call Phillips Law Group today to discuss your options.