The statute of limitations applies to all personal injury cases in Arizona or the date by which plaintiffs must launch legal action. Contact an attorney to learn more regarding the Arizona statute of limitations and how it may impact your individual legal claim:
Limitations on When to File a Personal Injury Case
Accident victims in Arizona who sustain injuries as a result of another party’s negligence may file a personal injury lawsuit to obtain financial compensation for their medical expenses and lost wages. However, a statute of limitations limits how long they have to take this action. Each state has its own statute of limitations for many forms of legal action. For instance, a personal injury lawsuit in Arizona must typically be filed within two years of the alleged damage. Most claims involving bodily injuries must be filed within two years, including those involving medical malpractice, product liability, and auto accidents.
The 2-Year Statute of Limitations and Exceptions
With a few exceptions, litigants in Arizona have more than 2 years to initiate a personal injury case. A plaintiff must file a notification of the complaint within 180 days of the accident, for instance, if he or she intends to sue a state, county, or other government agency. In Arizona, there are a few other significant circumstances that go beyond the customary two-year window, such as:
- In the event that the injured person was a minor at the time of the incident, the “clock” on the two-year statute of limitations will not begin to run until the child turns 18;
- If the accident victim does not immediately notice their damage, the statute of limitations will not begin to run until they do; or
- Before the two-year window expires, the individual who caused the victim’s harm departs the state.
What Happens if the Statute of Limitations Is Missed?
After the two-year window has expired, injured parties who try to file personal injury cases run the danger of the defendant filing a petition to dismiss. In these situations, judges nearly always agree to dismiss the case, which indicates that the plaintiff will no longer be able to seek damages through the civil courts unless there is a special exception. It is significant to remember that filing insurance claims are not subject to the personal injury statute of limitations. When it comes to insurance claims, the deadline is still important because insurers frequently use it as leverage when negotiating settlement amounts.