Have you suffered injuries in an accident that someone else started in Arizona? If so, you might be considering bringing a personal injury claim to receive the money you are due with the help of a lawyer.
What Is the Typical Time Limit for Filing a Personal Injury Lawsuit in Arizona?
Arizona Revised Statutes 12-542, which stipulates that a party must file any personal injury lawsuit within two years after the “cause of action accrues,” sets the typical deadline for filing personal injury claims in Arizona. So, if you want to bring a personal injury claim in Arizona, you have two years from the date of the injury to do so.
Most claims involving damage “to the person” have a two-year statute of limitations. This includes instances involving medical malpractice, product liability, and auto accidents.
The fact that your lawsuit will be filed against a government body, however, will be a significant distinction. These lawsuits have substantially shorter statutes of limitations, which provide for “notices of claim” to be submitted within 180 days of the reason for action accruing.
What Happens If You Do Not File By the Due Date?
The party you are seeking to sue may submit a motion to dismiss if you seek to make a personal injury lawsuit after the typical two-year period has gone, asking the court to dismiss the case since the time has passed. Unless there is a special circumstance, the court will probably concur.
If this occurs, you will no longer be able to file a civil lawsuit to recover damages for your injuries and associated losses.
The time restriction for submitting insurance claims following an injury is not subject to the personal injury statute of limitations. However, the statutory filing date is still extremely important to insurance claims during the settlement negotiating stage. Insurance adjusters base their settlement proposals on what they anticipate transpiring in court. Therefore, you will have no negotiation leverage if you cannot sue the other party. This is why it is crucial to engage with a nearby personal injury attorney who can continue your case immediately.
Statute of Limitations Exemptions As in Arizona
The standard two-year statute of limitations in Arizona for personal injury lawsuits can be extended or tolled, in several significant situations, including when:
- The victim is a minor: If the victim is under the legal age of 18 when the harm happens, the two-year period will not start running until they do.
- The injury was concealed: Sometimes, an injury is not discovered immediately after an accident. The two-year window in these situations can start on the day the harm was detected.
- The accused is not present. The countdown may be suspended for the period the alleged offender is absent from Arizona if they leave before the two-year window closes.
