Recovering after a car accident or some other event that caused you injuries is often a full-time job. You might have many to see a litany of doctors and physical therapists. You’re probably in near-constant communication with your insurance company.
We know it can all be overwhelming. What you shouldn’t forget, though, is that you don’t have an unlimited amount of time to file a lawsuit against the wrongdoer. This window of time is referred to in the legal world as the statute of limitations.
In this post, we’ll go over some of the most important information you should know about the Arizona statute of limitations for personal injury claims. Adhering to the relevant statute of limitations for your case is crucial for success.
A statute of limitations is the period after an accident (or an incident that causes injury) in which you are legally allowed to bring a lawsuit or claim. The statute of limitations for Arizona personal injury claims can vary depending on a number of factors we’ll explain below. Having a statute of limitations for civil claims in Arizona is just one reason why you should act with urgency after experiencing harm due to another person’s actions.
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.
The personal injury statute of limitations in Arizona does not always start right after the incident that caused the injury. Some conditions can cause the statute of limitations to be tolled, or delayed, for plaintiffs or their loved ones.
One common way the statute of limitations gets tolled involves the discovery rule. Under the discovery rule, victims have two years from the date they discovered (or a reasonable person would have discovered) their injuries. Some internal injuries do not start showing symptoms until weeks, months, or even years after a car accident or incident of medical malpractice.
The rules surrounding the service of legal action require that defendants must be served paperwork in person. In-person service can be difficult or impossible if the defendant crosses state lines or otherwise conceals their location. By tolling the statute of limitations, Arizona law may provide extra time to plaintiffs who are pursuing an evasive defendant.
Arizona law provides that the statute of limitations for personal injury cases does not begin when the victim is of “unsound mind” at the time of the incident. The two-year period may start if the victim gains or regains mental capacity.
In the context of personal injury claims, Arizonans are of unsound mind if they cannot manage daily affairs or understand their legal rights.
Victims younger than 18 do not have legal standing to file personal injury lawsuits. Therefore, Arizonans reaching the age of majority have until their 20th birthday to start legal proceedings. However, this does not prevent parents or guardians from filing a lawsuit on a minor’s behalf.
The statute of limitations for personal injury claims against government employees and entities is only 180 days after the accident or incident. The 180-day window applies to claims Arizonans must make with the relevant government agency or department. You should get a response from the entity within 60 days. If you still want to file a lawsuit, you must do so within one year of the accident or incident.
If the delay in discovering an injury was due to the defendant’s fraudulent concealment, the statute of limitations may be extended. Under Arizona law (Ariz. Rev. Stat. § 12-543), victims have up to three years to file a claim from the date they uncovered the fraud. This exception ensures that defendants cannot escape liability by intentionally hiding evidence of their wrongdoing.
While the general statute of limitations for personal injury claims is two years, product liability cases have an additional restriction. Arizona law (Ariz. Rev. Stat. § 12-551) sets an absolute deadline of 12 years from the date the defective product was first sold. This means that even if an injury occurs years later, a claim cannot be filed if the product has been on the market for over 12 years. This rule aims to balance consumer protection with limiting liability for manufacturers.
It is important to consult with a legal expert to understand if any of these exceptions might apply to a specific case.
Statutes of limitations for Arizona personal injury claims exist to level the playing field for plaintiffs and defendants. Plaintiffs deserve a legal process that operates off of fresh, accurate evidence. Key witnesses might become unavailable after a certain amount of time, and hard evidence might simply become stale if plaintiffs wait too long.
The primary advantage for defendants is that they do not have a potential lawsuit hanging over them for the rest of their lives. Having a statute of limitations for personal injury cases can also help ensure that courts do not experience sudden or unexpected backlogs.
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.
No, Arizona does not limit the amount plaintiffs can recover in personal injury cases. That actually puts the state in the minority when it comes to medical malpractice, as 26 states cap non-economic damages in those cases. Non-economic damages include things like loss of companionship, pain and suffering, mental anguish, and disfigurement—damages that aren’t easily quantifiable.
The statute of limitations for medical malpractice in Arizona is two years, but things can easily get complicated.
Medical malpractice results from a doctor, nurse, or other healthcare practitioner failing to live up to their professional level of care. As a result of this failure to live up to their standard level of care, a patient suffers an injury or illness. Medical malpractice often happens during procedures, such as surgeries or births, but it can also arise due to the failure to diagnose conditions in a timely manner.
The discovery rule applies to medical malpractice cases, which means victims have two years from the date they should have reasonably discovered their injury or condition. Unlike car accidents, however, medical malpractice is not always identifiable right away.
For instance, the wrong medication that is prescribed for a chronic medical condition might take time to inflict internal damage. Although malpractice occurs the moment the doctor writes the wrong prescription, the statute of limitations is tolled until a reasonable person notices something is wrong.
In other cases, a surgeon might make sufficient oxygen unavailable to a patient for a significant amount of time. If that occurs during childbirth, for example, parents might not notice the error until the infant starts missing milestones in the first months of life.
The statute of limitations for wrongful death claims in Arizona is two years from the date of the victim’s death. Damages for wrongful death claims can include:
The decedent’s spouse, children, parent, or guardian may file a wrongful death lawsuit in Arizona. Personal representatives, who are people with the legal authority to manage some affairs on behalf of another person, may also file a wrongful death lawsuit if they represent the decedent’s estate.
When it comes to preparing your personal injury claim after an accident, quicker is better. If you’re able, you need to start gathering evidence immediately after the incident that caused your injuries. Potential witnesses become harder to reach after you leave the accident scene, and your memory can fade over time.
Perhaps the most important reason you need to act with urgency after suffering injuries is the statute of limitations. If you do not file a personal injury lawsuit within this critical period of time, the defendant will likely ask the judge to dismiss your case. Unless you have a legally legitimate reason for failing to adhere to the statute of limitations, the judge will probably grant the defendant’s request.
The sooner you contact an experienced Arizona personal injury attorney, the sooner your legal team can start building your case. Building a compelling case takes time—attorneys must gather evidence, interview accident witnesses, and review the case’s general circumstances against applicable laws.
The attorneys at Thompson Law have deep experience representing clients in a wide variety of personal injury cases, including car accidents, medical malpractice, product liability, and premises liability (such as slip-and-fall accidents). Altogether, we’ve recovered more than $1.9 billion for our clients, who don’t pay us unless we recover money for them.
Our firm knows that each minute counts in a personal injury claim. Every day you or a loved one is not at work puts more strain on your finances, and every moment without monetary relief only adds to your stress.
We also know what it takes to win in complex personal injury cases. Our lawyers leave no stone unturned when it comes to obtaining justice for clients. Please feel free to send us a message online or give us a call to set up your free, no-obligation consultation.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
