What is the Statute of Limitations for Personal Injury Claims?
Do you know how much time you have to file a personal injury claim in Arizona? Missing the filing deadline could mean losing your right to pursue compensation for your injuries. Whether your claim involves a car accident, slip-and-fall, or another type of incident, understanding Arizona’s statute of limitations is critical to protecting your rights.
A knowledgeable personal injury lawyer from Brown & Hobkirk, PLLC can help file your claim on time and handle each step of the process so you can focus on healing. With over 20 years of experience representing injured people in Arizona, our law firm is committed to delivering results that make a difference in your life. Contact us today for a free initial consultation.
Why Does Arizona Have a Statute of Limitations for Personal Injury Claims?
All U.S. states, including Arizona, have statutes of limitations for personal injury claims to encourage timely filing and fresh evidence. When you file a claim soon after an injury, witnesses are more likely to remember the details clearly, and physical evidence is usually still intact. This means the court can make fairer decisions based on accurate information.
Statutes of limitations also prevent people from facing lawsuits long after an incident, when memories have faded and evidence has disappeared. State laws impose these time limits to balance your right to seek compensation with the need for legal certainty and fairness.
What is Arizona’s Statute of Limitations for Personal Injury Cases?
The statute of limitations on personal injury claims in Arizona gives you two years from the date of an accident to file a lawsuit. This two-year limit applies to most cases, like motor vehicle accidents, slip-and-falls, and defective products. However, some personal injury claims have different deadlines.
For dog bite claims, one of two deadlines apply. If you file a strict liability claim for a dog bite, the limitations period is one year in Arizona. For a negligence claim, you have two years to file.
The time limit is also different if your case is against a state government entity or employee. In these situations, you must provide written notice of your claim within 180 days and file your lawsuit within one year.
Are There Exceptions to the Statute of Limitations?
Yes. In some situations, Arizona law provides extra time to file your personal injury lawsuit. The following exceptions can extend the standard deadlines and give you longer to bring your case:
- Minors – For victims injured as children, the clock is paused until their 18th birthday.
- Legal incapacity – If the accident victim is mentally incapacitated, the statute of limitations only starts when they regain competency.
- Defendant leaves Arizona – If the at-fault party leaves Arizona after the incident, the time they spend out of the state doesn’t count toward the deadline.
- Discovery rule – If you don’t immediately discover your injury, the filing window starts on the date you discover or should have discovered the injury.
An experienced attorney can explain whether any exceptions to Arizona’s personal injury laws might apply in your circumstances.
What Happens if I Miss the Filing Deadline?
If you miss the filing deadline for your personal injury case in Arizona, you will likely lose your chance to sue. Courts will dismiss your case if you try to file after the deadline, which means you won’t be able to recover any compensation for your injuries.
Missing the deadline also weakens your negotiating power with the insurance company. If the insurer knows you can’t take further legal action, they have less incentive to make a fair payout. This is why you should always act quickly and consult a trusted personal attorney as soon as possible to protect your rights after an accident.
Does the Statute of Limitations Change if a Person Dies?
Yes. When someone dies, the case changes from a personal injury claim to a wrongful death one. In Arizona, the two-year deadline for a wrongful death claim starts on the date of the person’s death — not the date of the injury. If someone close to you dies in a preventable accident, a wrongful death attorney can help you identify the relevant filing deadlines and explore your legal options.
Types of Accidents That Could Lead to a Personal Injury Claim
If someone else’s actions (or inaction) caused your injury, you might have a legal right to seek compensation through a personal injury claim. Common types of accidents that give rise to personal injury claims in Arizona include:
- Car accidents – Auto accidents happen when drivers fail to follow traffic laws or drive carelessly. Distracted driving, speeding, and impaired driving can all lead to severe crashes.
- Truck accidents – Large commercial trucks can cause devastating collisions due to their size and weight. Common causes of truck crashes include driver fatigue, improper loading, and inadequate maintenance.
- Motorcycle accidents – Motorcyclists face higher risks on the road because they lack the protection that cars offer. Even with helmets, motorcyclists can suffer severe injuries when a crash occurs.
- Bicycle accidents – Bicycle riders are highly vulnerable to injuries, especially when drivers fail to see them or respect their right to share the road.
- Pedestrian accidents – Pedestrians can suffer severe injuries in collisions with vehicles, which are sadly common in crosswalks and other areas where they have the right-of-way.
- Dog bites – Arizona dog owners are legally responsible for controlling their pets. If they fail to do so, people can suffer catastrophic dog bite injuries.
- Slip-and-falls – Slip-and-fall accidents often occur on unsafe or poorly maintained properties. Common causes include wet floors, loose flooring, and poor lighting.
Why Should I Hire a Personal Injury Lawyer?
If you get hurt in an accident someone else caused, a personal injury attorney can collect the evidence needed to build a robust claim for maximum compensation. Attorneys understand the claims process and can ensure your case gets filed before the statute of limitations expires. Your lawyer can also represent you in all negotiations with the insurance company so you don’t fall prey to unfair tactics that pressure claimants to settle for less than what they deserve. Your personal injury attorney can advise you on the fairness of the offer and whether taking the case to trial could yield a fairer result.
Contact Our Experienced Personal Injury Attorneys Now
Time is of the essence if you need to file a personal injury claim in Arizona. For skilled guidance and compassionate support, seek legal advice from the personal injury attorneys at Brown & Hobkirk, PLLC. Our accomplished legal team provides top-quality legal services in a personalized environment. Call or contact us today for a free consultation.