Arizona Personal Injury Statute of Limitations — Don't Miss Your Deadline

July 25, 2022 · By Law Badgers · 3 min read
Personal Injury

If you’ve been injured due to someone else’s negligence in Arizona, the clock is ticking. Arizona law imposes strict deadlines on your right to file a lawsuit — and if you miss them, you lose your right to compensation entirely. No exceptions, no extensions, no second chances.

The Two-Year Rule

Under A.R.S. § 12-542, the statute of limitations for personal injury cases in Arizona is two years from the date of the injury. This applies to car accidents, slip and fall injuries, dog bites, and most other personal injury claims.

For wrongful death claims, the two-year clock starts on the date of death, not necessarily the date of the incident that caused the death.

Why Two Years Is Less Time Than You Think

Two years sounds like plenty of time, but consider what needs to happen: you need to complete medical treatment (or at least reach “maximum medical improvement”), gather all medical records and bills, investigate the accident, identify all potentially liable parties, attempt settlement negotiations with insurance companies, and file a lawsuit if negotiations fail.

Working backwards from the deadline, most attorneys want a case in their hands at least 6–12 months before the statute runs. That means if you wait a year to call a lawyer, you’re already behind.

Special Situations and Exceptions

Claims against government entities have a much shorter deadline. Under A.R.S. § 12-821.01, you must file a notice of claim within 180 days (about 6 months) of the incident. This applies to accidents involving city buses, police vehicles, state highway defects, or any government employee acting in their official capacity.

Minors have a different rule. The statute of limitations is “tolled” (paused) until the minor turns 18, at which point the two-year clock starts.

Discovery rule: In some cases where the injury isn’t immediately apparent — certain medical malpractice cases, for example — the clock may start when the injury was discovered or reasonably should have been discovered.

Defamation claims have a shorter deadline: one year under A.R.S. § 12-541(1).

What Happens If You Miss the Deadline?

If you file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss. The court will grant it. Your case is over — regardless of how strong your evidence is, how badly you were injured, or how clearly the other party was at fault. The deadline is absolute.

Don’t Wait

Every day that passes after an accident, evidence degrades. Witnesses move away or forget details. Surveillance footage gets recorded over. Vehicles get repaired. The sooner you contact an attorney, the stronger your case will be.

The Law Badgers offer free consultations. If you’ve been injured, call us at (833) DTF-IGHT today. We’ll tell you exactly where you stand and what your deadlines are.

INJURED? GET A FREE CONSULTATION.

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