Being injured due to someone else’s actions or negligence can be incredibly difficult. In these cases, you may be able to file a personal injury claim against the responsible party. However, you must file a claim within a certain time period. Knowing how far back can you claim personal injury in Arizona can help you file your claim within the appropriate time frame and receive the compensation you need.
Arizona Personal Injury Statute of Limitations
The general statute of limitations in Arizona is two years in the case of personal injury. This implies that from the date of their injury, a plaintiff has two years to make a claim. If you submit your claim after the deadline, it will be denied unless you are eligible for an exemption that would allow the deadline to be extended.
Certain occurrences have a different statute of limitations, such as dog bites. If the owner of the dog was negligent, and the bite happened as a result, you may be able to sue them. Whether or not an owner was careless, they are still accountable in Arizona. The statute of limitations is one year under this law.
If you wish to bring a claim against government workers for an injury you sustained as a result of government-caused damage, you have a one-year statute of limitations. Furthermore, you have to offer written notice no later than 180 days following your injury. You must file this notice before submitting a claim.
Special Circumstances
Under some special circumstances, the amount of time you have to make a personal injury claim in Arizona is different. One exception is the “discovery rule,” which allows the statute of limitations to begin not on the date of the incident but rather on the date the injury was found or reasonably should have been discovered. When the injury or its source is not immediately obvious, this criterion is very important.
Also, the statute of limitations is paused until the injured party becomes 18 if they are a minor. Additionally, if the injured party has been deemed mentally incapacitated or if the defendant has moved out of state, these factors can further pause the statute of limitations.
How to File a Personal Injury Claim
The first step in initiating a personal injury case is to file a “complaint” with the court clerk. The specifics of your personal injury case will determine the content of your complaint, among other things.
Generally speaking, the complaint will outline the following: the parties to the action; the time, place, and manner in which the accident or event that resulted in your injuries occurred; the nature of your injuries; the alleged misconduct of the defendant; and the damages that you request the court to award.
Rules of Filing Your Personal Injury Claim
Keep in mind that Arizona has certain requirements about what should and shouldn’t be included in your complaint. You are generally not permitted to request a specific amount of damages in your complaint in personal injury cases. You’ll need to specify which “damage tier” your case falls within. Three damage tiers exist:
- Tier 1: Damages up to $50,000
- Tier 2: Losses above $50,000 but falling below $300,000
- Tier 3: Losses exceeding $300,000
A Phoenix personal injury attorney can help you determine the damage tier for your case. Your case’s assigned tier will also affect your capacity to conduct “discovery,” which is the process of learning details and facts about the case that the defendant is aware of.
Comparative Negligence in Arizona
In order to obtain compensation for most personal injury cases, you must demonstrate the defendant’s negligence. Usually, the defendant will respond by saying that you should not have been awarded as much because you were also careless. This is known as “comparative negligence,” and Arizona allows for it as a legal defense.
If your negligence had a role in causing your injuries, the damages you are entitled to are diminished by the proportionate share of the overall negligence.
FAQs
Q: What Is the Personal Injury Statute of Limitations in Arizona?
A: In Arizona, the personal injury statute of limitations is normally two years after the date of the injury. This means you have two years to file a claim after the incident that caused your injury. If you do not file within this timeframe, it is highly likely that your case will be dismissed in court.
Q: Are There Any Exceptions to the Two-Year Statute of Limitations in Arizona?
A: Yes, there are exceptions to the two-year statute of limitations in Arizona. If the injured person is a minor (under 18 years old), the clock does not start until the minor turns 18. Additionally, if the injury was not discovered immediately, the statute of limitations may start from the date the plaintiff learned of or should have learned of their injury.
Q: What Is the Discovery Rule?
A: According to the discovery rule, the injury must be discovered or should have been discovered with reasonable effort in order for the statute of limitations to begin. This exception is frequently relevant when the harm or its cause is not immediately obvious. For example, if it takes time and medical testing to discover an internal injury and its cause, the discovery rule could apply.
Q: What Happens if I File My Personal Injury Claim After the Statute of Limitations Has Expired?
A: If you file your personal injury claim after the statute of limitations has expired, the court will probably reject your case, which will prevent you from getting paid for your injuries. There are, however, exceptions to this rule. Speak with a personal injury attorney to see if you qualify for an extension. They can look at the details of your case and weigh your options.
Contact Luis P. Guerra, L.L.C., Today
If you have been injured due to the actions of another person, you may be entitled to compensation. Contact Luis P. Guerra, L.L.C., to schedule a consultation.
