A car crash, a slip and fall accident, or a workplace injury — personal injuries can happen at any given moment in a daily routine with dire consequences. On top of handling everything else going on — medical bills, lost income, recovery from injuries, and dealing with the hassle of insurance companies — you may be wondering how long you have to file a lawsuit in Arizona after a personal injury to receive compensation?
It is imperative that in Arizona, victims of a personal injury know that they generally have two years to file a personal injury lawsuit in civil court in Arizona from the date an injury occurs. This time limit is known as the personal injury statute of limitations.
In essence, this means that personal injury victims will have a two-year window to file a lawsuit against the allegedly negligent party to recover the compensation for damages sustained in an accident. Here, we’ll cover what you need to know when it comes to rules and exceptions when filing your personal injury claim within Arizona’s statute of limitations.
While the general rule in Arizona allows personal injury victims two years to file a lawsuit, there are several important exceptions to this statute of limitations. These exceptions can extend or shorten the time frame in which a claim can be filed, depending on specific circumstances. Understanding these exceptions is crucial for ensuring that you do not miss your opportunity to seek compensation.
In the sections that follow, we will delve into specific cases where these exceptions might apply, providing a clearer picture of the various factors that can influence the statute of limitations for personal injury claims in Arizona.
Arizona law protects the rights of children and minors who are injured in accidents. Specifically, under ARS § 12-502, the two-year statute of limitations is “tolled” until the minor reaches the age of 18. This means that a minor has two years after their 18th birthday to file a personal injury claim. For example, if a child suffers injuries in a car accident at age 10, the statute of limitations for their potential personal injury claim would not expire until they turn 20.
Additionally, if the injury victim was under the age of 18 or was “of unsound mind” at the time the incident occurred, the two-year statute of limitations will not begin running until the victim reaches the age of 18 or regains proper mental capacity. This provision ensures that minors and individuals with temporary mental incapacity have sufficient time to seek legal recourse once they are legally able to do so.
A claim against the government or a municipality will affect the statute of limitations in your personal injury case. According to ARS § 12-821, personal injury actions against public entities must be filed within one year after the accident. Additionally, this statute requires that the plaintiff file a “Notice of Claim” with the public entity within 180 days after the date of loss.
For example, if you suffered personal injuries due to a car crash caused by the negligent driver of a City of Phoenix bus on January 1, 2024, you would have 180 days to notify the City of the facts that gave rise to your claim and the specific dollar amount needed to settle the claim. If the City refuses to settle, you have until January 1, 2025, to file a lawsuit under the applicable statute of limitations.
Lawsuits filed against public entities, including state, county, and city governments, face these significant limitations. The formal claim against the entity must be filed within 180 days, and a lawsuit must be filed within one year after the incident occurs. This process ensures that claims are promptly addressed, but it also means that acting quickly is essential to preserving your right to seek compensation.
Under ARS § 12-542, the Arizona statute of limitations for filing a personal injury claim from a car accident is generally two years from the date of the accident. This two-year period typically starts on the day the accident occurs. Injuries to minors and filing a claim against a public entity can impact your case’s timeline, as mentioned above. However, a couple of other factors can impact your timeline as well:
The statute of limitations for Arizona medical malpractice claims is generally two years from the date the incident occurred. However, there are various exceptions that can extend this timeframe. For instance, if the injury or illness was not immediately apparent, the “discovery rule” applies. This means the statute of limitations begins from the date the injury or illness was discovered, or should have been discovered with reasonable care.
Additionally, if the medical malpractice victim was under the age of 18 at the time of the injury or illness, the statute of limitations does not start until they turn 18. This effectively gives them until their 20th birthday to file a malpractice claim.
In a product liability case, the statute of limitations in Arizona generally gives you two years from the date of the injury to file a lawsuit. For minors, the statute of limitations begins when they turn 18, giving them until their 20th birthday to file a claim.
The discovery rule is also relevant in product liability cases. If an injury caused by a defective product is not immediately apparent, the two-year period begins when the injury is discovered or should have been discovered with reasonable diligence.
Additionally, Arizona law states that a product liability lawsuit cannot be filed if the injury occurs more than 12 years after the product was first sold for use or consumption. However, exceptions are made if the injury was caused by the negligence of the manufacturer or seller or a breach of an express warranty.
Product liability cases can be particularly tricky due to the complexity of proving that a defect in the product caused the injury. Multiple factors, such as design defects, manufacturing defects, and failure to provide adequate warnings, must be carefully examined.
If you or someone you care about has been injured by a defective product, it’s crucial to act within these timeframes to protect your right to seek compensation. A skillful personal injury lawyer can gather crucial evidence, identify liable parties, and establish the link between the defect and the injury.
The statute of limitations for negligence claims in Arizona is generally two years from the date the alleged negligence occurred. The same exceptions apply in negligence claims, including those involving injured minors and cases against government entities.
Arizona applies the discovery rule to cases where the injury or negligence is not immediately apparent. For instance, in medical malpractice or product liability cases, the injured party may not realize the extent of the negligence until months or even years after the incident. This rule gives victims a fair chance to seek compensation once they become aware of the negligence.
Another provision to consider under Arizona’s statute of limitations is its comparative negligence law. Arizona follows a pure comparative negligence rule. This means your compensation is reduced by your percentage of fault, but you can still recover damages even if you are found to be up to 99% at fault. This law impacts the timing of claims because the longer you wait to file, the more complicated it can become to clearly establish the degree of fault. Consulting with an experienced Phoenix personal injury lawyer can help you establish fault within the specific timelines governing your negligence claim and protect your right to seek compensation.
In Arizona, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. Exceptions to this rule, such as the discovery rule, claims involving minors, and claims against government entities, apply similarly to other personal injury cases.
It’s worth noting that Arizona wrongful death claims can only be filed by specific family members or the personal representative of the deceased’s estate. This means that understanding who is eligible to file is crucial; coordination among family members is essential to ensure the claim is timely and properly filed. Consulting with an experienced attorney can help navigate these challenges and effectively build a strong case within the legal timeframe.
Missing the deadline to file any type of personal injury claim in Arizona can have serious consequences. The statute of limitations is a strict legal rule, and failing to file within the designated time frame typically results in the loss of your right to pursue compensation through the court system. This means you could be barred from recovering damages for medical expenses, lost wages, pain and suffering, and other related costs. Potential consequences include:
While there are exceptions, such as those involving the discovery rule, minors, or claims against government entities, these are specific and not always applicable. It is crucial to consult with a legal professional to understand if any exceptions might apply to your case.
To avoid these severe consequences, it is essential to act promptly and work with a skilled Phoenix personal injury lawyer to protect your right to seek compensation. An attorney will be able to examine the facts of the situation and keep you apprised of all approaching deadlines. If you have missed the deadline, a lawyer can help you explore any potential exceptions or alternative legal avenues that might be available.
If a filing deadline is approaching on your claim, don’t panic. Seek professional legal assistance immediately. Even when the statute of limitations is near, you never want to rush into litigation without proper preparation or representation.
Filing a claim without legal representation can leave you vulnerable, as defense attorneys may take advantage of your limited knowledge of the law. Accordingly, it is in your best interest to call a Phoenix personal injury lawyer if you believe you have a personal injury claim.
At Torgenson Law, we are dedicated to using our extensive experience and resources in practicing law to help clients by:
At Torgenson Law, our personal injury attorneys will have a thorough understanding of all deadlines related to your case. We diligently file all paperwork on time, allowing your lawsuit to proceed smoothly.
If you or a loved one has been injured, don’t wait. Call us at 602-726-0747 or contact us online for a free consultation. Let us help you navigate the legal complexities and fight for the compensation you deserve.
John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.
John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.
Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.
