If you’ve been injured in an accident or due to someone else’s negligence in Arizona, you may wonder how long you have to file a personal injury lawsuit. The process of seeking compensation for your injuries can be complex, and one critical factor that can affect your ability to pursue a claim is the statute of limitations.
A statute of limitations is a law that sets a time limit within which a person must file a lawsuit. If you fail to file your case within the prescribed period, you may lose the right to take legal action altogether. Understanding the statute of limitations in Arizona for personal injury claims is essential to ensure you don’t miss the deadline.
Arizona’s Statute Of Limitations For Personal Injury Cases
The statute of limitations for filing a personal injury lawsuit by an experienced Arizona accident lawyer is generally two years from the date of the injury. This means that if you are injured in an accident due to someone else’s negligence, you have two years to file a lawsuit in civil court.
The two-year deadline is set by Arizona Revised Statutes Section 12-542, which governs the statute of limitations for personal injury cases. The clock typically starts ticking from the date the injury occurs, meaning you have two years from the accident to initiate your lawsuit.
When Does The Statute Of Limitations Begin?
The general rule is that the statute of limitations starts on the date of the injury. For example, if you’re in a car accident on January 1st, 2024, and you’re injured, you would typically have until January 1st, 2026, to file your lawsuit.
However, in some cases, the statute of limitations may not begin on the date of the injury but rather at a later point. This is known as the discovery rule. If you did not immediately know or could not have reasonably discovered the injury or its cause, the statute of limitations may start from the date you discover or should have discovered the injury.
For example, if you were exposed to harmful chemicals in your workplace and developed a disease that wasn’t diagnosed until several years later, the statute of limitations might not begin until the date of diagnosis or when you reasonably should have known about the cause of your injury.
Exceptions To The Two-Year Rule
There are a few situations in which the statute of limitations might be extended or tolled (paused) in Arizona. These exceptions can significantly affect the time you have to file your lawsuit:
- Minor Victims: If the person who is injured is a minor (under the age of 18), the statute of limitations is tolled until they turn 18. This means that if a child is injured, the two-year time limit doesn’t start until they reach the age of majority. In this case, the child would have two years from their 18th birthday to file a lawsuit.
- Incapacitation: If the injured person is mentally incapacitated and unable to file a lawsuit, the statute of limitations may be tolled during the period of incapacity. Once the person regains the ability to file, the statute of limitations may resume.
- Defendant’s Absence from Arizona: If the person who caused the injury (the defendant) leaves Arizona for a period of time, the statute of limitations may be tolled during that time. Essentially, if the defendant is not present in the state, the court allows the time to file a lawsuit to be extended until they return.
- Fraud Or Concealment: If the defendant intentionally hides evidence or commits fraud to prevent the injured party from knowing about the injury or its cause, the statute of limitations may be extended. The injured person would have the right to file a lawsuit within two years from the discovery of the fraud or concealment.
Special Rules For Certain Types Of Claims
Certain types of personal injury claims may be subject to different statute of limitations rules in Arizona. For instance:
- Medical Malpractice: In cases involving medical malpractice, the statute of limitations is generally two yearsfrom the date the injury is discovered, but it cannot exceed five years from the date the alleged malpractice occurred, regardless of when the injury is discovered.
- Government Entities: If you are filing a personal injury claim against a government entity, such as a city, county, or state agency, you must follow a specific process. You may be required to file a Notice of Claimwith the appropriate government agency within 180 days of the injury. If the notice is not filed within this time frame, you may lose your right to sue the government.
Wrapping Up
If you’ve suffered a personal injury in Arizona, it’s essential to act quickly to ensure you don’t miss the statute of limitations for filing a lawsuit. Generally, you have two years from the date of the injury to file a claim, but there are exceptions and special circumstances that can impact this deadline.
If you’re unsure about the time limit or whether you qualify for an exception, it’s crucial to consult with a personal injury attorney as soon as possible. A lawyer can help you understand the specific rules that apply to your case, gather evidence, and make sure your claim is filed within the appropriate time frame.
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