In Arizona, the statute of limitations for most personal injury cases is two years from the date of the injury. Arizona Revised Statutes § 12-542 sets this rule and deadline. Unfortunately, if you miss this deadline, your case ends before it starts. However, a few exceptions could shift that window.
Understanding the Arizona Two-Year Deadline
Were you injured in a terrible accident? If so, you’re most likely asking, “How long to file an injury claim in Arizona?” The Arizona personal injury statute of limitations is two years. This generally applies to every personal injury claim, like car accidents, slip and falls, motorcycle wrecks, and wrongful deaths.
Two years may sound like plenty of time, but it isn’t. You’re dealing with medical treatment, insurance communications, and delayed records. By the time you think about a lawsuit, you’ve lost months.
But the deadline is for filing the lawsuit, not settling it. Your complaint only needs to be filed in court before the two-year mark. You and your legal team can continue settlement conversations later.
However, you can’t afford to miss a deadline. Once the deadline passes, the right to recover compensation almost always goes with it. This is why our Phoenix car accident attorneys move quickly, even when the math says there’s still time.
How the 180-Day Rule for a Government Claim Works
What if your injury involved a public entity or public employee? The rules change if your accident involved a city bus, a Phoenix Police Department vehicle, or a state-owned road hazard.
Under ARS § 12-821.01, you must file a written notice of claim within 180 days of the injury. You must do this before filing a lawsuit against an Arizona public entity. That’s only six months, and less than a third of the standard window.
The notice must include certain elements. It must have enough facts for the public entity to understand the claim. Then, you should include the basis for liability and a specific dollar amount you’re willing to settle for. Arizona courts typically toss vague or incomplete notices.
This commonly affects the following situations:
- Crashes involving city, county, or state vehicles
- Slip and fall on public property
- Bus accidents
- Injuries on public school property
- Negligence claims against public hospitals or government employees
So, what happens if you miss the 180-day window? The system bars your claim, even if the two-year deadline hadn’t passed. Unfortunately, incorrectly filing the Notice of Claim could end a case before it even begins.
If your injury involved any government entity, talk to an attorney quickly. Our team serves clients in Phoenix and across Arizona. We are well aware of these tighter notice rules.
Why Acting Quickly is Critical in Arizona Personal Injury Lawsuits
The two-year window doesn’t always begin on the date of the accident. Arizona law builds in situations where the clock works differently.
The Discovery Rule
What if you didn’t know, and reasonably couldn’t have known, that you were injured right away? In Arizona, the clock may not start until you discover the injury. Unfortunately, this occurs often in medical malpractice cases. Harm from a misdiagnosis or surgical error could take months to surface.
Minors
If you or your child was under 18 years old, the countdown generally doesn’t begin until the 18th birthday. Then, you have two years to file for a personal injury claim in Arizona.
Mental or Physical Incapacity
What if a person is legally unable to manage their own affairs at the time of the injury? The deadline may be paused under ARS § 12-502 until that incapacity ends.
Defendants Who Leave the State
Some at-fault parties leave Arizona after the accident. This may not count against your deadline. Speak with an attorney to learn what may apply to your case.
In Arizona, these legal exceptions are narrow. They require legal review. The safest move is to assume the standard two-year deadline applies. So, begin researching your options for attorneys.
How Arizona’s Comparative Fault Rule Works
Arizona has some of the more plaintiff-friendly fault rules in the country, but it’s still worth understanding. Arizona uses pure comparative negligence under ARS § 12-2505.
You could recover compensation, even if you were partly at fault for the crash or incident. Your percentage of fault reduces the award. You don’t lose the right to recover entirely just because you contributed to the injury. But you do lose your right to recovery if you intentionally or willfully caused your own injury.
Many states bar recovery once you cross 50% fault. But, Arizona lets you recover damages, even if you were the majority cause. A plaintiff found 99% at fault could technically recover 1% of their damages.
For example, consider if a jury decides that your damages total $100,000. You were 30% at fault. You’d still recover $70,000.
This rule doesn’t change your filing deadline, but it does affect your law firm’s legal strategy. Insurance companies often try to assign fault to the injured party to reduce what they pay. A strong case anticipates that and pushes back.
Common Questions About the Arizona Statute of Limitations for Personal Injury
What is the ARS 12-542 personal injury law?
ARS 12-542 is the Arizona statute for personal injury claims. It sets a two-year deadline for filing most personal injury and wrongful death lawsuits. The clock typically starts on the date of injury or, in some cases, the date of discovery.
How long do I have to file a personal injury claim in Arizona against a city or state agency?
Claims against public entities require a Notice of Claim filed within 180 days of the injury under ARS § 12-821.01. Failing to file within that window can bar the case entirely, even if the standard two-year deadline hasn’t passed.
Does the Arizona statute of limitations for personal injury apply to minors?
For injured minors, the two-year clock generally does not start until the child’s 18th birthday. They then have two years from that date to file a personal injury lawsuit.
Can I still file a claim if I just discovered my injury?
You may be able to file. Arizona’s discovery rule may delay the start of the two-year clock until you knew, or reasonably should have known, about the injury. This applies most often in medical malpractice cases.
Does the statute of limitations apply to insurance claims, too?
The two-year statute applies to lawsuits, not initial insurance claims. However, insurance policies often have their own much shorter deadlines.
Trust Alexander Shunnarah Trial Attorneys Today
Unfortunately, Arizona’s deadlines move fast, especially when a government party is involved. You need a legal team you can trust. While our office is based in Phoenix, we help injured people across Arizona.
Alexander Shunnarah Trial Attorneys has fought corporate America for more than 20 years. We’ve recovered over $2 billion for clients nationwide. Schedule a free case review with our serious injury law firm today.
