Arizona Personal Injury Statute of Limitations & Laws 2024

When someone suffers an injury due to another’s negligence, understanding the legal framework is crucial for pursuing compensation. One of the most important aspects of Arizona law is the statute of limitations, which dictates the time frame within which a claim must be filed. Knowing the Arizona personal injury statute of limitations can make the difference between securing rightful compensation or losing the opportunity to pursue your case.

Understanding Arizona’s Statute of Limitations

In Arizona, the statute of limitations refers to the legal time period within which an injured party must file a lawsuit to pursue damages. If you fail to file a lawsuit within this time frame, the court will likely dismiss your case, and you will lose the right to seek compensation. For personal injury cases, Arizona law typically allows two years from the date of the injury to file a claim.

Types of Personal Injury Cases

Personal injury claims can stem from various situations where someone’s negligence causes harm. Common types of personal injury cases in Arizona include:

• Car accidents
• Slip and fall accidents
• Medical malpractice
• Product liability
• Workplace injuries
• Wrongful death

Each of these cases is governed by Arizona’s personal injury laws, including the statute of limitations, and involves unique processes and timelines.

The Two-Year Rule

Under Arizona’s revised statutes,12-542, the general statute of limitations for personal injury cases is two years from the day the injury occurred. This includes injuries resulting from car accidents, slip and fall accidents, and other negligence-based claims. The two-year period allows victims sufficient time to recover, and assess the long-term impact of their injuries, but it is important not to delay unnecessarily.

In some situations, however, exceptions or variations to the two-year rule may apply. These exceptions can shorten or extend the filing deadline, depending on the circumstances of the case.

Tolling of the Statute of Limitations

In certain cases, this legal time frame may be “tolled,” meaning the clock is paused, effectively extending the time you have to file a lawsuit. Common reasons for tolling include:

• Minors. If the injured individual is under 18, the statute of limitations doesn’t begin until they turn eighteen.
• Incapacitation. If the victim is mentally incapacitated at the time of injury, the statute may be extended until such time the victim is able to pursue a claim.
• Discovery of Harm. In cases where the injury isn’t immediately apparent, the statute of limitations begins when the injury is discovered.

Tolling can significantly impact the time frame for filing a claim, so it is important to speak with an attorney to determine if any exceptions apply to your case.

Comparative Negligence in Arizona

Arizona follows a comparative negligence rule, meaning that if you are partially at fault for the accident that caused your injury, your compensation will be reduced according to your percentage of fault. For example, if you are found to be 20% responsible for an accident and awarded $100,000 in damages, your award will be reduced by 20%, leaving you with $80,000.

However, even if you are found to be partially at fault, you are still eligible to recover damages, provided your share of the blame is less than 100%.

Filing Against a Government Entity

If your personal injury claim is against a government entity in Arizona (such as a city or state agency), different rules apply. Under Arizona law, you must file a notice of claim within 180 days of the injury. After that, you have one year to file a lawsuit. This is a much shorter time frame compared to the general two-year rule, so it’s important to act quickly.

Medical Malpractice Claims

In medical malpractice cases, the standard statute of limitations is still two years, but the clock doesn’t necessarily start at the time of the medical error. Instead, it starts when the injury is discovered or when a reasonable person should have discovered the injury. This discovery rule allows more time in cases where the harm wasn’t immediately obvious, but it is important to be proactive and seek legal guidance early.

FAQs

How Long Do You Have to File a Personal Injury Claim in Arizona?

In Arizona, you generally have two years from when the injury occurred to file a personal injury claim. This two-year statute of limitations applies to most negligence-based personal injury cases, including car accidents and slip-and-fall incidents. Failing to file within this period typically results in losing your right to seek and obtain compensation. However, there are exceptions in specific cases, such as those involving minors or delayed discovery of the injury.

How Long Do You Have to Make a Claim Against the Government in Arizona?

If you wish to make a claim against a government entity in Arizona, it must be filed within one year. If you slip and fall in a government building or are involved in a vehicle accident due to the poor condition of a road, you could file a claim against the government. It is vital to consult with an attorney to ensure that you file within the appropriate time frame, as missing this deadline can bar you from recovering any damages.

How Long Is the Statute of Limitations for Medical Malpractice in AZ?

For medical malpractice personal injury cases in Arizona, the statute of limitations is two years from the day the injury or wrongful death occurred. This means you have two years to file a claim against the medical provider responsible for your injury due to negligence or misconduct. The family of a patient who died due to medical malpractice also has two years to file against the responsible party.

What Is the Average Personal Injury Settlement in Arizona?

The average personal injury settlement in Arizona varies based on the severity of the injury, the extent of damages, and other factors – lost wages, medical expenses, and pain and suffering.  Settlements for minor injuries will be much different than ones that involve serious injuries. The specifics of each case, including liability and insurance coverage, play a significant role in determining the final settlement amount.

Understanding the Arizona personal injury statute of limitations is essential for anyone who has suffered negligence. The legal team at Glazer, Hammond & Smets, PLLC, is ready and willing to help if you need to file a claim. Contact our office today to get started.