The Arizona statute of limitations for personal injury is two years from the date of the injury (Ariz. Rev. Stat. § 12-542). This time frame is enacted to ensure that claims are made while evidence is still fresh, and witnesses’ memories remain dependable. This time limit ensures the best chance for those seriously injured by someone else’s negligence to be fairly compensated for any damages including pain and suffering, medical bills and lost wages.
The purpose of such a limitation is to balance the interests of the plaintiff seeking compensation and the defendant’s need for legal certainty. The expiration of the Arizona statute of limitations for personal injury acts as a legal deadline, after which courts typically refuse to hear the case. There are, however, certain exceptions that can extend or toll this period which will be discussed in more detail below.
In personal injury law, the statute of limitations refers to the legally set time limit in which a person can file a lawsuit following an injury or accident. This time limit varies depending on the district and the type of injury claim. If an individual fails to file a claim within this designated period, they may lose their right to seek legal recourse altogether. Thus, understanding and abiding by the Arizona statute of limitations for personal injury is crucial for anyone considering legal action after a personal injury accident.
Another important aspect to consider in personal injury law and filing a lawsuit in a timely manner is the concept of negligence. Negligence refers to the failure to exercise reasonable care that results in harm or injury to another person. In personal injury cases, the burden of proof lies with the plaintiff, meaning they must provide evidence that shows the defendant’s negligence caused their injuries. This can include medical records, witness testimony, and expert opinions.
Proving negligence can be a complex process and often requires the assistance of an experienced personal injury lawyer. They can help gather evidence, build a persuasive case, and negotiate with insurance companies for fair compensation. It is important to note that not all accidents or injuries result from negligence, so seeking legal advice as soon as possible after your accident is crucial in determining if there are grounds for a personal injury claim.
The Arizona statute of limitations for personal injury cases serves several crucial purposes. It establishes a clear timeline for victims to file their claims, ensuring that legal disputes are addressed in a timely manner. Some of the distinct reasons the Arizona statute of limitations for personal injury exists are below:
The courts may refuse to accept your lawsuit or case if the accident took place more than two years ago. This means you will lose your chance to fair compensation for your pain and suffering regardless of how strong your case might be. After you file the case, the defendant will likely file a motion to dismiss the case based on a lapsed deadline. The court will generally dismiss the case.
However, there are rare exceptions that may entitle you to extra time. Contact your personal injury attorney whenever you are in doubt. Whether you need a legal expert regarding your Arizona car accident lawyer or another personal injury claim, we can help.
While the statute of limitations for filing a personal injury lawsuit in Arizona is generally two years, there are some exceptions where this deadline might be extended:
It is important to consult with a legal expert to understand if any of these exceptions might apply to a specific case.
The origin of the general concept of statute of limitations goes back centuries, to the time of Ancient Greece and Rome. In fact, the concept was first introduced by Solon, an Athenian who lived around 600 BC. He believed that disputes should be resolved quickly and fairly, and that a time limit should be placed on when claims could be brought against others. The idea spread to Rome, where the statute of limitations became the basis of their legal system and the reason the Arizona statute of limitations for personal injury exists today.
Yes, the statute of limitations for personal injury cases can vary significantly from state to state in the United States. Each state has the authority to establish its own laws regarding the time limits within which a personal injury claim must be filed. While some states may have a statute of limitations as short as one year, others may extend it to four years or more.
These differences reflect the state-specific considerations and legislative priorities regarding the balance between protecting the rights of the injured and providing a fair opportunity for defendants to address claims within a reasonable period. Therefore, it is crucial for individuals seeking to file a personal injury lawsuit to be aware of the specific statute of limitations that applies in their state to avoid losing the right to pursue their claim.
Examples of those exceptions exist like in Louisiana where the statute of limitations is only 1 year (La. Civ. Code art. 3492) whereas in the state of Maine the statute of limitations is 6 years (14 Maine Revised Statutes §752).
For these reasons, it is important for lawyers to know the statute of limitations that applies in each state and the exceptions to the limitations when representing a client in a specific state. Click here to see the statute of limitations by state in the United States.
Personal injuries from car accidents, unsafe environments, neglect, or abuse can change your life and those around you in unprecedented ways. After a serious injury, you need help to deal with insurance companies and make an injury claim. At Thomson Law, our personal injury lawyers are committed to fight for you and ensure you receive fair compensation so that you focus your energies on fully recovering.
For more details, get a FREE CASE REVIEW with one of our experienced attorneys at law using our contact form, or call us toll free today.
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State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.