If you’ve been hurt by someone else’s negligence and plan to file a personal injury lawsuit in Arizona, you may be wondering how long you have to file. The Arizona personal injury statute of limitations normally gives you two years from your date of injury to file a lawsuit.
A qualified Arizona personal injury lawyer can help you meet filing deadlines and handle other complex parts of the legal process. The attorneys at Feller & Wendt, LLC™, are experienced litigators who have secured over $85 million in settlements and verdicts for injury victims. Our client testimonials speak for themselves.
We can handle legal deadlines and communications for you, so you don’t have to worry about losing your chance to sue. Call (480) 702-2277 or contact us online today to schedule your free legal consultation.
Are There Exceptions to the Arizona Statute of Limitations?
Again, in most cases, the Arizona personal injury statute of limitations is two years from the date the injury occurred. Once two years have passed, the injured person loses the right to sue.
Though there are some important exceptions to the personal injury statute of limitations in Arizona, they do not apply to the vast majority of cases. Exceptions to the Arizona statute of limitations include:
- Minor plaintiffs – The statute of limitations for cases involving minor plaintiffs is generally two years from the minor’s 18th birthday. For claims involving sexual abuse, the statute of limitations is 12 years after the minor’s 18th birthday.
- Plaintiffs deemed legally incompetent – Plaintiffs who are not legally competent (“unsound mind”) to sue at the time of the injury have two years from the date they regain competence to file a claim.
- Wrongful death – If you lost a loved one due to a personal injury, you normally have two years from their date of death to file a wrongful death lawsuit.
Filing Personal Injury Claims Against a Public Entity in Arizona
Generally speaking, you have 180 days after the cause of action to file a claim against a public entity, public school, or public employee under Arizona state law. Claims filed outside the 180-day statutory window for legally acceptable reasons are generally still subject to a broader statutory time limit of one year.
Exceptions such as those for minors and people deemed legally incompetent still apply in situations involving public entities. Children and legally incompetent people are entitled to file within 180 days of reaching the age of majority or being found to be legally competent again.
Does the Discovery Rule Impact Personal Injury Claims in Arizona?
Arizona’s personal injury statute of limitations is also affected by a legal principle called the discovery rule. Under the discovery rule, the statute of limitations for an injury does not begin until the person knows or should have reasonably known about an injury.
Typically, this is at the time the injury occurs. In some cases, however, a person may realize that they were injured until some time has passed after the cause, such as in cases of medical malpractice or exposure to toxic substances. The statute of limitations in these cases may not begin until the person discovers the true source of the injury.
Why Is There a Statute of Limitations in Arizona?
Statutes of limitations can seem unnecessary from a plaintiff’s perspective. However, they serve the important purpose of making sure that legal claims are handled in a timely manner. Timeliness is critical when handling personal injury claims for a number of reasons, including:
- Preserving evidence – Evidence deteriorates or becomes inaccessible as years go by, leaving out crucial facts of a case.
- Accuracy of information – Both parties, relevant witnesses, and other people involved in the case may forget information over time and can’t be relied on for accuracy after many years have passed.
- Fairness to both parties – The statute of limitations encourages the prompt resolution of claims and spares defendants from living under the unending threat of a lawsuit long after the cause of action has passed.
- Efficiency of the court system – Courts clogged with decades-old claims become overloaded and can’t function as intended.
Don't Wait. Contact Feller & Wendt LLC™, Today.
Even though it might seem like you have plenty of time to file your personal injury case in Arizona, it’s always in your best interest to file as soon as possible. The longer you wait to file a claim, the more likely it is that you’ll lose access to crucial evidence. Insurers may also try to “run out the clock” on your claim, hoping you won’t file until the last minute. Remember, if you miss the statutory period to file your claim, you lose the right to file forever.
The experienced Arizona personal injury attorneys at Feller & Wendt, LLC™ can handle the heavy lifting of the legal process for you. Our attorneys have more than 70 years of combined experience. We know the Arizona court system inside and out and can help ensure you never miss a deadline. Call (480) 702-2277 or contact us online to schedule your free legal consultation.
*This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
