Arizona Statute of Limitations for Personal Injury

Estatuto de limitaciones de lesiones personales

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.

What is the Meaning of the Arizona Statute of Limitation for Personal Injury?

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 Reasons the Arizona Statute of Limitations for Personal Injury Exists

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:

  • Preservation of Evidence:  One of the primary reasons for the Arizona statute of limitations for personal injury is to ensure that evidence is preserved. Over time, physical evidence can deteriorate, and memories of witnesses may fade, making it challenging to present a clear and accurate account of the incident.
  • Timely Resolution:  The statute encourages a timely resolution of claims. By setting a deadline for filing lawsuits, it prevents cases from dragging on indefinitely, which can be an inefficient use of the court’s resources and can create prolonged uncertainty for both plaintiffs and defendants.
  • Fairness to Defendants:  The Arizona statute of limitations for personal injury protects defendants by ensuring they are not subject to legal claims indefinitely. Knowing that there is a limited period during which they can be sued allows individuals and businesses to manage risks and move on without the threat of old claims resurfacing unexpectedly.
  • Encouragement of Diligent Prosecution:  Requiring plaintiffs to file within a specific time limit encourages them to pursue their claims diligently. This ensures that claims are handled while recollections are fresh and evidence is still available, promoting a just and fair trial process.

What Happens if I Miss the Deadline For Filing a Personal Injury Lawsuit?

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.

Man in a suit holding a sign that says "CLAIM DENIED" - Arizona Statute of Limitations for Personal Injury

Exceptions to the Statute of Limitations in Arizona

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:

  1. Discovery Rule:  If the injury or harm was not immediately discoverable, the statute of limitations might begin from the time the injury was discovered or reasonably should have been discovered.
  2. Minor Plaintiffs:  If the injured person is a minor meaning under the age of 18, the statute of limitations begins once the minor turns 18.
  3. Mental Incapacitation:  If the injured party is mentally incapacitated at the time of the injury, the statute of limitations may be extended until they regain capacity.
  4. Defendant’s Absence or Concealment:  If the defendant leaves the state or is not available to be served (e.g., if they conceal their identity), the statute of limitations may be paused during their absence.
  5. Fraud:  If the delay in discovering the injury was due to fraudulent concealment by the defendant, the statute of limitations may be extended to three years (Ariz. Rev. Stat. § 12-543).
  6. Product Liability:  Although the statute of limitations is two years, it cannot be more than 12 years after the product was first sold to file a lawsuit (Ariz. Rev. Stat. § 12-551).
  7. Public Entities:  For claims involving public entities or their employees, the statute of limitations is 180 days from the date of the incident.

It is important to consult with a legal expert to understand if any of these exceptions might apply to a specific case.

What is the Origin of the Statute of Limitations?

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.

Photo of Solon - Arizona Statute of Limitations for Personal Injury

Does the Statute of Limitations Differ By State in the United States?

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.

Do You Need Legal Help with a Personal Injury Claim in Arizona?

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.

No Win No Fee for Personal Injury Case - Arizona Statute of Limitations for Personal Injury

 

Recent Post

Photo of car accident on road. How to Determine Who is at Fault in a Texas Car Accident. Car Accident Lawyer in Arlington Tx

What to Do After A Car Accident in Texas

After a car accident, it is essential to remain composed and follow certain steps to safeguard your rights. These steps will not only ensure your safety but also help you

Read More

Mallet

How Does the Personal Injury Claims Process Work?

Suppose you or a loved one have been injured by some else’s negligence in an accident like a motor vehicle crash, workplace accident, or slip and fall. You might decide

Read More

Car Wreck Lawyer

When To Get A Car Wreck Lawyer

Following a car accident, you may be asking yourself, “When do I need a car wreck lawyer?” The answer: It is always worth contacting a car accident attorney. Start by

Read More

Personal Injury Claims

How Long Does a Personal Injury Lawsuit Take in Texas?

The first question that many new clients ask when they are beginning the process of hiring a personal injury claims lawyer is, “how long is my personal injury case going

Read More

Estatuto de limitaciones de lesiones personales

Arizona Statute of Limitations for Personal Injury

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

Read More

Where Should Pedestrians Go If There Are No Sidewalks? According To Texas Law

Where Should Pedestrians Go If There Are No Sidewalks? According To Texas Law

Getting around on foot is usually pretty straightforward: pedestrians walk on the sidewalk and use crosswalks to navigate roadways. But where should pedestrians go if there are no sidewalks? Is

Read More

Tow truck delivers the damaged vehicle as it is towed away

Laws for Unauthorized Vehicle Towing by State

In the United States, a person's rights regarding laws for unauthorized vehicle towing by state varies significantly but generally includes the right to a fair and transparent towing process. When

Read More

Thompson Law Guarantee

Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

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.