When it comes to personal injuries, there’s a time limit by which plaintiffs must file a claim against the responsible party. This is called the statute of limitations. While the law is strict in upholding this limitation, there are a few exceptions that you may qualify for. If you’ve been injured by another party, you’re likely wondering, “What is the statute of limitations for personal injury in Arizona?”

Understanding Arizona’s Statute of Limitations for Personal Injury

In the state of Arizona, victims of catastrophic personal injury, medical malpractice and wrongful death are given two years from the date of the injury for their statute of limitations. If your injury was work-related, your statute of limitations is only one year. If the allegedly negligent party is a municipality or quasi-municipality, such as a city, county, school district, government department such as the Arizona Department of Transportation, or a utility company such as Salt River Project (SRP), you must contact an attorney immediately because your statute of limitations on filing your notice of claims is only 180 days and is only one year to file your lawsuit. Therefore, since every case is time-sensitive when it comes to the statute of limitations, we insist that you contact us as soon as possible.

Statute of Limitations for Personal Injury in Arizona

In Arizona, the statute of limitations for personal injury is two years. This means that a plaintiff has two years from the date of their injury to file a claim. Unless you qualify for an exemption that would allow the time limit to be extended, filing after the deadline will result in your claim being rejected. The statute of limitations applies to many types of personal injuries, including:

  • Car accidents
  • Slip and falls
  • Some dog bites
  • Wrongful death
  • Medical malpractice
  • Assault and battery
  • Defective products

Statute of Limitations Special Circumstances

In some cases, specific injuries, such as dog bites, have their own separate statute of limitations. You can file a claim against a dog owner if they were careless in their ownership of their dog, which resulted in your bite. However, in Arizona, an owner is liable whether or not they were negligent. Under this law, the statute of limitations is one year.

There is also a one-year statute of limitations if you’d like to file a claim against government employees due to an injury caused by the government. In addition to this, you must also give written notice within 180 days of your injury. This notice is separate from the claim, and you must file it before filing.

Exceptions to the Statute of Limitations

Under some conditions, Arizona allows you additional time to file a claim by extending the deadline. However, if you think you may qualify, it will be your responsibility to demonstrate how this rule applies to your situation.

  • Being legally disabled. Some individuals aren’t permitted to handle their own affairs without assistance or oversight from third parties, such as a judge or parent. They are frequently described by the law as “legally disabled” from engaging in particular activities, such as bringing a claim. Minors and those deemed to be of “unsound mind” are classified as legally impaired in Arizona.The statute of limitations clock does not immediately begin to run after an injury to a person who is legally incapacitated. Rather, the time limit for filing a claim begins when the handicap is eliminated, which could be the minor’s 18th birthday or the determination that a person is no longer mentally incompetent.
  • The defendant leaves the state. If the defendant leaves Arizona, the time for the statute of limitations is paused while they are away.
  • Discovery rule. Arizona adopts the discovery rule. This means that if you did not reasonably discover your injury immediately, the statute of limitations begins upon discovery.For example, suppose you went to the doctor for a surgery and experienced pain afterward. You go to the doctor numerous times, and they either attribute the pain to post-surgical side effects or can’t seem to find the issue. Eventually, at an appointment, they run extensive tests and discover that the pain is due to a surgical error that they then must go back to correct.In this case, the statute of limitations would begin when you discover that the surgical error caused your injury. You would have reasonably attempted to identify the cause of the issue. However, you will still want to file a claim as soon as possible. Relying on the extended statute of limitations could bring about additional disputes in court.

Missing the Statute of Limitations Deadline

If you miss the statute of limitations deadline, you should contact an attorney as soon as possible. An attorney can look at the details of your case and see if you qualify for an extension. Outside of the exceptions that would lengthen the statute of limitations, it may be impossible to follow through with a claim. A Phoenix personal injury attorney can help you weigh your options.

Time Frame Is Crucial

In addition to the statute of limitations, it is always beneficial to contact us as soon as possible in order to ensure that the evidence is preserved, our legal team can inspect the scene at the earliest and that witnesses are contacted about the accident.

Thus, not only is there a possible deadline but also the evidence surrounding the accident is more likely accessible and preserved if we are contacted soon after the accident. Also, potential witnesses are more likely to have the event fresh in their minds if they are contacted shortly after the accident. Accordingly, it is imperative to contact one of our personal injury attorneys before vital information and evidence disappears and is spoiled as well as before the statute of limitations’ deadline expires. For instance, many police departments destroy 911 recordings and dispatches after 90 days. Time is of the essence, especially when dealing with personal injury cases.

FAQs

Q: How Long Do You Have to File a Personal Injury Claim in Arizona?

A: In Arizona, you have two years to file a personal injury claim. This is called the statute of limitations. Generally speaking, you will not be able to file a claim after this deadline. There are, however, exceptions to this rule. An attorney can help you understand your options.

Q: What Are the Exceptions to the Statute of Limitations for Personal Injury in Arizona?

A: There are a few exceptions to the statute of limitations for personal injury in Arizona. First, if the defendant has left the state, the statute of limitations is paused while they are away. Second, if you did not discover your injury until a later date, the statute of limitations begins the day you discovered it or should have reasonably discovered it. Third, if a person is legally incapacitated, the statute of limitations begins when they are no longer disabled.

Q: What Are the Statute of Limitation Rules for Filing a Personal Injury Claim Against a Government Employee?

A: The statute of limitation rules for filing a personal injury claim against a government employee are a bit different than the standard laws. The statute of limitations is one year instead of two. In addition, a plaintiff must give notice of their intent to file a claim within 180 days of their injury.

Q: What If I Don’t Know Who Caused My Injury Within the Statute of Limitations?

A: If you don’t know who caused your injury within the statute of limitations, you should still consult with an attorney. They can help investigate your case. You may be able to file a claim after identifying the defendants or take other steps to preserve your right to compensation. They can also check to see if you qualify for an exception to have the statute of limitations extended.

Contact Luis P. Guerra, L.L.C. Today

If you or someone you know has suffered a personal injury, the attorneys at Luis P. Guerra, L.L.C., can help. Contact us today for more information. Our lawyers thoroughly investigate the event and build the strongest case possible. We work on a contingent basis so you are only responsible for fees if we are successful in recovering compensation for your case. Contact us today either online or by phone at 602-381-8400 to schedule a free consultation.