After getting into an accident that was someone else’s fault, the Arizona statute of limitations for personal injury is typically just two years.
If you miss this deadline, you usually lose the right to compensation forever, regardless of how strong your case may be.
Therefore, it is crucial to seek legal advice before the personal injury claim deadlines expire.
The clock usually starts ticking from the moment your accident happens, making it essential to act quickly.
Whether you’ve been hurt in one of the 121,107 Arizona car wrecks in 2024, multiple slip and falls, or any other incident caused by someone else’s negligence, knowing the legal timeframes Arizona imposes could make the difference between receiving the compensation you deserve and walking away with nothing.
What Is the Standard Time Limit for Filing Personal Injury Lawsuits in Arizona?
The Arizona Revised Statutes § 12-542 establishes a two-year statute of limitations in several scenarios, including:
- Injuries to a person
- Injuries leading to death
- Injuries to another person’s property
This means that you have exactly two years from the date of your injury to file a lawsuit in an Arizona civil court.
Affected Personal Injury Cases
This two-year window applies to a wide range of personal injury cases, including:
- Car wrecks
- Motorcycle crashes
- Truck accidents
- Pedestrian accidents
- Dog bites
- Premises liability claims
- General negligence claims, such as slip and falls
The deadline is firm, and the courts very rarely make exceptions.
What You Need to Do
It’s important to remember that this deadline refers to filing personal injury lawsuits in court.
It does not refer to settling your claim with an insurance company.
Insurance negotiations can happen outside this timeline, but again, you need to act fast.
If settlement talks fail, you must file a lawsuit before the two-year deadline expires.
Once the statute of limitations passes, the insurance companies have no incentive to negotiate.
They know you’ve lost your legal leverage, and they can’t get sued.
How Does the Discovery Rule Affect Arizona Personal Injury Law Time Limits?
Arizona recognizes the “discovery rule” in certain personal injury cases.
This can extend the Arizona injury law time limits under specific circumstances.
The underlying principle of this rule is that some injuries are not immediately apparent when they occur.
Hidden Injuries
Under the discovery rule, the statute of limitations clock only starts ticking when you discover your injury or reasonably should have discovered it, rather than the actual date of the incident.
This exception most commonly applies to medical malpractice cases, toxic exposure claims, or situations involving hidden injuries that don’t manifest themselves until later.
However, your personal injury attorney will need to present compelling evidence for the Arizona courts to apply this rule in your case.
You must prove that you couldn’t have reasonably discovered your injury earlier through due diligence.
As always, the burden of proof rests on you (or your attorney) to demonstrate why the standard two-year statute of limitations shouldn’t apply.
Not Relevant to Most Cases
For more straightforward cases, such as car crashes and slip-and-fall accidents, the discovery rule does not apply.
This highlights the importance of consulting a doctor as soon as possible after an accident and following any recommended treatment or further investigations.
This can ensure all injuries connected to the accident come to light as soon as possible.
Are There Any Exceptions to the Standard Personal Injury Claim Deadlines?
Yes, there are several important exceptions that could modify the standard personal injury claim deadlines in Arizona.
Your attorney can help you understand whether these exceptions apply to your case as they defend your Arizona personal injury rights.
Special Protections for Minors and Those of Unsound Mind
When the injured party is a minor – under 18 years old – Arizona law pauses the statute of limitations until they turn 18.
Once they reach adulthood, they have two years from their 18th birthday to file a personal injury lawsuit.
This protection ensures that children do not forfeit their rights because of their age.
The same exception can apply if the person was of unsound mind after their accident.
The clock may not start ticking until they have regained their faculties.
However, the court will rule on mental capacity.
Stricter Rules in Certain Cases
If your accident happened in a place controlled by a public entity or was caused by a public employee in the course of fulfilling their duties, then Arizona Revised Statutes § 12-821.01 kicks in.
This law states that you must file a claim against a public entity or public employee within 180 days of the accident happening.
Additionally, you only have one year to file a lawsuit.
The lesson is, act fast and seek legal advice as soon as possible after any accident.
Frequently Asked Questions
What Happens If I Miss the Two Year Statute of Limitations?
Your case will almost certainly be dismissed, and you will lose your right to seek compensation entirely.
Courts strictly enforce these deadlines regardless of how strong your case may be or how serious your injuries are.
Can I Continue to Negotiate With the Insurance Company After the Statute of Limitations Expires?
You can, but you will have no leverage. Insurance companies care about one thing – their bottom line.
If the threat of being sued has passed, then they have zero incentive to pay you fair compensation.
In fact, you may not get any compensation at all, as most insurance adjusters will simply deny claims after the statute of limitations has passed.
Does the Statute of Limitations Apply in Wrongful Death Cases?
Yes, it does.
However, the clock starts on the day of death rather than the date of the injury that caused death.
Get Legal Help Before the Arizona Statute of Limitations for Personal Injury Cases Runs Out
The takeaway is clear: the Arizona statute of limitations for personal injury cases is pretty unforgiving.
Once the two-year deadline has passed, even the strongest cases with the most severe injuries generally have no further recourse.
Don’t find yourself in that situation.
Talk to an experienced Phoenix personal injury attorney at Bailey Law Firm and protect your legal rights.
Book a free case review online today!
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