What’s the Statute of Limitation for Financial Exploitation, Neglect, or Abuse
The “statute of limitation” refers to the deadline by which a person needs to file a case. Unless there are exceptions applicable, failure to file a complaint or a petition within the timeframe, means the claim will be barred.
In cases of claims for financial exploitation, neglect, or abuse of either incapacitated or vulnerable adults in Arizona, when does the deadline start running? Here, top injury attorneys in Phoenix discuss what you need to know about the statute of limitations for financial exploitation, neglect, or abuse:
Typical Statutes of Limitation in Arizona
As you probably suspect, the legislature of Arizona adopted statutes of limitations for claims due to a few reasons. For one, the longer one waits to make their claims, the bigger the possibility that all evidence will be lost, so it will be more difficult to defend those claims. Additionally, the law encourages prompt pursuit of claims to achieve prompt resolutions as well. No one wants to deal with stale claims, after all.
The state’s statutes of limitation vary depending on what type of claim is asserted. For instance, claims that are based on statute isolation have to be filed within 12 months. On the other hand, an individual has six years to pursue a claim for breach of a written contract.
If you are filing a claim against government entities or officials, you must present an official notice of claim within six months and file your lawsuit within a year.
Arizona has special rules as to the start of the deadlines and when they stop running.
The Discovery Rule
Arizona generally follows the “discovery rule” to determine when a claim accrues. The statute of limitation starts running when the claim accrues.
An injured person needs to have sufficient information to understand that they were hurt by someone, such that they’d be on notice to determine whether their injury was due to a violation of some law. The injured party must also experience a tangible quantifiable injury and only then will the limitation period start running.
Still, there are certain nuances, rules, and exceptions that may apply.
Tolling for Minority or Persons of Unsound Mind
In probate litigation, we typically deal with claims on behalf of those who suffer from mental impairments. The limitation period doesn’t start running on claims for a minor person or someone of unsound mind. There are also several special rules, exceptions, and other considerations that may be relevant to the analysis of whether or not a claim was timely asserted. A seasoned attorney can help you with this.
The Statute of Limitation for Claims for Financial Exploitation
Arizona’s Adult Protective Services Act is made to protect the large population of vulnerable adults from financial exploitation or any form of abuse and neglect. This is a remedial statute that should be interpreted broadly to give protection to Arizona’s vulnerable and incapacitated adults. The Act also includes various significant provisions that include a favorable statute of limitation.
In the Adult Protective Services Act, the legislature does not state that the period of filing begins running from the accrual of the claim. What is instead specified is that the time starts from the moment the “actual discovery of the cause of action” happens. That phrase isn’t defined in the Act or even anywhere else in Arizona law. Specifically, the legislature doesn’t identify who must discover the cause of action for the clock to begin running.
Conclusion
The statute of limitations for claims for financial exploitation, neglect, or abuse in Arizona is an important legal concept that should be understood by all citizens. It is important to note that the statute of limitations may be extended in cases in which the victim was mentally or physically incapacitated, or if the perpetrator was in a position of trust or authority over the victim. It is also important for victims to be aware of their rights and to seek legal advice if they believe they have been wronged. In the end, understanding the statute of limitations for claims of financial exploitation, neglect, or abuse in Arizona is essential to protecting the rights of victims. If you want to understand the statute of limitations for neglect, abuse, or financial exploitation, you can contact an injury attorney in Phoenix who can explain this in detail.
Bossie, Reilly, & Oh can provide you with the legal services of a seasoned injury attorney in Phoenix who can guide you and help you out with your case. Schedule a legal consultation today!