What Is the Statute of Limitations for Arizona Personal Injury Cases?
After an accident, you don’t want to miss your window for collecting damages. Receiving compensation can help you pay off medical bills and other expenses related to your accident, so you can focus on recovery. At Van Norman Law, we can help you file a personal injury lawsuit before time runs out. Continue reading to learn how the statute of limitations for personal injury cases works in Arizona.
What Is a Statute of Limitations?
A statute of limitations is a time limit for how long you have to file a civil lawsuit. This time limit ensures that enough evidence is still available to pursue the claim. It also protects anyone involved in causing an accident from the constant threat of a lawsuit.
In Arizona, the statute of limitations for filing a personal injury lawsuit is two years after the date of the accident. Different types of personal injury cases, such as medical malpractice or slip and fall, all have the same statute of limitations.
Are There Any Exceptions to the Time Limit?
Yes, there are some exceptions for personal injury cases in certain situations. One exception is when you aren’t aware of your injury until later. For example, if you were exposed to toxic substances in your workplace and are later diagnosed with cancer, the time limit would start from the date of diagnosis, not the time when you were exposed.
According to Arizona Revised Statute (ARS) 12-502, the statute of limitations may also be delayed if you were a minor or if you were mentally ill at the time of your injury. The time limit would then begin once you turn 18 or regain mental capacity.
Do You Always Have Two Years to File a Claim?
Certain situations can result in a shorter statute of limitations. For instance, if you are filing a claim against a public entity, public employee, or public school in Arizona, you only have 180 days to file a claim.
Many unique factors can affect the statute of limitations for a personal injury case. If you were injured in an accident, it’s in your best interest to consult an experienced personal injury attorney as soon as possible. They can help you gather evidence and determine how much time you have to file your claim.
What Happens If You Miss the Deadline to File a Lawsuit?
After the statute of limitations is up, you can still try to file a personal injury lawsuit. However, the defendant will likely inform the court that the deadline has passed and will file a motion to dismiss.
The court will then dismiss your case, unless an exception applies that delays the statute of limitations. If your case is dismissed, you will no longer be entitled to damages, even if you’ve suffered serious injuries due to the defendant’s negligence.
When Should You File a Personal Injury Lawsuit?
It’s important that you file a personal injury claim as soon as possible after an accident. Even when you’re working with an attorney, it takes time to build a strong case. While your case doesn’t have to be resolved within the two-year time limit, waiting too long to file within the statute of limitations can make it harder to find evidence and witnesses.
Personal Injury Attorney in Scottsdale, Arizona
Don’t wait to file your claim. If someone else’s negligence resulted in your injury, the experts at Van Norman Law can ensure that you receive the compensation you deserve. We’ll guide you every step of the way and help you build a strong case. Call us at 480-481-0616 today to schedule your free consultation.