Can Arizona Statute For Filing Personal Injury Claims Be Tolled, Due To Adult Being Physically Incapacitated At The Time?

Asked over 1 year ago - Phoenix, AZ

I have a 42 yr old friend l in Phoenix who "discovered" leaky Silicone Breast Implants, on 10-10-10. She tried to pursue claims immediately, but ended up being attack by the few Attorneys she consulted with, who asked her "What did you use?", in light of her Fitness lifestyle. She put pursuing claims on hold, as she had to undergo Alternative Surgery in early 2011 ASAP, if she wanted to survive, and they found several Lymph Nodes with Silicone. Though her chances of survival were 5%, she has been going through a successful but painful & extended recovery-period, and was in NO Physical Condition to file claims before the Statute ran on 10-10-12 of this year. MY question: if she can show medical proof that her physical condition kept her from filing timely claims, can a "Tolling" be Done?

Attorney answers (4)

  1. John M Curtin

    Contributor Level 13

    5

    Lawyers agree

    Answered . Mental incapacity may toll the statute of limitations. But there is no tolling for physical incapacity for an adult who is capable of handling their own affairs.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . If she was mentally incapacitated, yes.

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  3. Adam C Kent

    Contributor Level 11

    4

    Lawyers agree

    Answered . I'm afraid Mr. Curtain is correct. Tolling is generally only permissible due to age (minority) or mental incapacity.

  4. Robert Bruce Kopelson

    Contributor Level 20

    3

    Lawyers agree

    Answered . Not likely, but check with a local atty.

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