Personal Injury Statute of Limitations in Arizona
If you are considering bringing about a personal injury lawsuit, it is in your best interest to act quickly. No matter what type of case you have, there is a deadline for filing a lawsuit, also known as a statute of limitation. After the deadline has passed, you will lose your right of action.
The deadline for your case will vary depending on the type of accident, the location of the accident, and when the injury took place. The best way to know how much time you have is to contact a personal injury attorney.
For more information on the statute of limitations in Arizona, continue reading below.
Statutes of Limitations Explained
To keep the court system moving efficiently and ensure that both claimants and defendants are treated fairly, jurisdictions all across the United States created filing deadlines for almost all types of cases. These deadlines are known as statutes of limitations.
These deadlines exist to ensure that legal action is pursued while evidence and witness memories are still fresh. They also prevent plaintiffs from filing lawsuits many years after the date of injury (with some exceptions).
Every state has a different statute of limitations for personal injury claims.
Arizona Statutes of Limitations for Personal Injury Cases
According to Arizona Revised Statutes (A.R.S.) §12-542, the civil statute of limitations for personal injury cases is two years from the date of injury. This includes claims for car accidents, product liability and slip-and-fall accidents, as well as wrongful death claims. Property damage claims also have a statute of limitations of two years.
Depending on whom your claim is against, the statute of limitations may be less than two years.
Exceptions to the Two-Year Statute of Limitations
Your time limit for filing your claim may be longer or shorter than two years, depending on a number of factors. While the best way to understand your legal options is to speak with a personal injury lawyer, some factors to consider are listed below.
For some types of injuries or harm, the victim may be unaware that they are injured until a later date. These cases may be subject to the discovery rule, which states that the cause of action does not accrue until the date that the injury or harm was discovered or should have been discovered.
Claims against government entities and employees can quickly become complicated. In the state of Arizona, the statute of limitations period for these claims is shorter than other types of lawsuits. For example, a claim against a public employee or government entity must be filed within 180 days of the date the injury was first realized. A lawsuit must be filed within one year. See A.R.S.§12-821.
It is a good idea to contact an Arizona attorney who can provide a free case review and help you understand how much time you have to file your claim.
Injury victims who are minors or of unsound mind
If the injured person is under the age of 18 or is deemed mentally incompetent, the statute of limitations does not begin until their 18th birthday or until the removal of the disability. See A.R.S. §12-502.
Dog bite claims are another area of Arizona law where things can become complex. Arizona follows a “strict liability” law for claims regarding dog bites and attacks. A.R.S. §11-1025. You must report your bite within one year of the incident..
An experienced personal injury attorney can offer you legal advice and help you meet all applicable deadlines for your case.
When Should I Contact a Phoenix Personal Injury Attorney?
If you or a loved one has been injured due to another person’s negligence, it is critical to begin working on your case as soon as possible to avoid missing any deadlines. The Arizona personal injury lawyers with The Advocates law firm can help.
The Advocates have been helping personal injury victims for three decades, and we can help you too. We will gather evidence for your claim, negotiate with the at-fault party’s insurance company, and help you get the compensation you deserve.
In addition to excellent legal representation, we will be by your side through all stages of the claims process. We can help you access the health care you need, get property damage repaired, and keep your medical bills from going to collections.
Contact us today for a free consultation. You deserve an attorney who puts your best interests first. You deserve an Advocate.