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Don't Miss Your Deadline: The Arizona Statute of Limitations for Personal Injury Claims

Posted by Dev Sethi | Jul 11, 2024 | 0 Comments

The aftermath of a serious injury can be overwhelming. Medical bills pile up, and the path to recovery can seem long and uncertain. If your injury was caused by someone else's negligence, you may be considering legal action. Know this - Arizona law imposes a strict deadline for filing a personal injury lawsuit, known as the statute of limitations. Missing this deadline could have harsh consequences, barring you from seeking any compensation whatsoever.

In Arizona, the general statute of limitations for most personal injury claims is two years from the date the injury occurred (A.R.S. § 12-542). This means you have two years to file a lawsuit from the date the accident happened and the resulting injury manifested. It's crucial to understand that the clock starts ticking from the date of the injury, not necessarily when you discover the full extent of the damage.

If your case involves liability created by statute, you have only one year to bring the action (A.R.S. § 12-541). Common cases that involve statutory liability include dog bite or dram shop (over service of alcohol) claims. 

There's an important exception to be aware of: the discovery rule. This rule applies in situations where the injury isn't immediately apparent or the cause isn't readily identifiable. For instance, exposure to harmful chemicals might not cause symptoms for years. In such cases, the statute of limitations clock doesn't begin to run until you "should have" discovered the injury and its connection to the incident. This is a very fact intensive analysis.

There's also a separate wrinkle for claims against government entities. Arizona requires a notice of claim letter to be filed with the specific government agency within 180 days of the injury (A.R.S. § 12-821.01). This notice serves as a formal notification of your intent to sue and outlines the basis of your claim. If your claim is denied, you generally have one year from the denial to file a lawsuit.

Notice of claim letter requirements are very specific and demand strict compliance with several statutory requirements. Again, the failure to meet these requirements in a timely way can have serious negative consequences to your ability to bring a claim. 

The Arizona statute of limitations, its requirements and its exceptions can be complex. Don't navigate this legal maze alone. Consulting with a qualified Arizona personal injury lawyer as soon as possible after your injury is essential. By acting promptly, you can maximize your chances of access to all the benefits the law entitles you to. 

About the Author

Dev Sethi

Dev Sethi litigates and tries a wide-range of complex injury and death cases throughout Arizona. He has Martindale Hubbell's highest rating, AV, and he is listed in "Best Lawyers." Dev is also recognized as an Arizona Super Lawyer in the area of plaintiff's products liability litigation.Dev has been at the forefront of auto product defect litigation. He played a key role in uncovering the Goodyear Load Range E tire scandal and worked to hold Ford Motor Company responsible for the danger posed by their now notorious 15-passenger vans. Dev is currently representing families in product liability suits against the nation's largest corporations including General Motors, Ford, Pentair Pools and Invacare.

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