Statute Of Limitations For Car Accidents In Arizona
For all personal injuries in Arizona, there is a time limit when it comes to filing a lawsuit, also known as the statute of limitations. Although most accident and injury claims can settle relatively quickly, there are a number of factors that could delay settlement negotiations and force you to file a complaint to avoid missing a deadline. For example, extensive medical treatment, delayed injuries, and unreasonable settlement offers by insurance adjusters are a few reasons that could create a late filing deadline. Missing your personal injury deadline can be devastating, so it’s always recommended to work with a qualified car accident attorney in Glendale, AZ to help you throughout the process.
According to ARS § 12-542, the Arizona statute of limitations for a car accident injury claim is two years after the accident occurred. In most cases, this two-year time window begins on the day of the accident. Therefore, if you were injured in a car accident on January 1, 2022, then the deadline to file your car accident injury claim would be January 1, 2024.
Exceptions To The Statute of Limitations For Car Accidents
Although the 2-year time frame is standard for most car accident cases in Arizona, there are a handful of exceptions that can alter the statute of limitations deadline. However, it’s important to understand that there are a lot of nuances to these exceptions and it’s highly recommended to not rely on one of these to extend your deadline. If you believe that your personal injury case may be eligible for a time extension, contact our Glendale car accident attorney today for a free case evaluation. Together we can discuss your case and determine the best path forward to help you obtain the best possible outcome.
Injuries To Children
Like most states, Arizona law protects the rights of children and minors who are injured in a car accident. According to ARS § 12-502, the two-year statute of limitations is paused until the minor reaches the age of 18. Essentially, a minor who was involved in a car accident has two years after their 18th birthday to file a personal injury claim. Therefore, if a child suffers injuries in an auto accident at age 14, the statute of limitations on their potential personal injury claim would not expire until they turn 20-years-old.
Claims Against The Government
A claim against the government or a municipality will also affect the statute of limitations in your personal injury case. According to ARS § 12-821, personal injury actions against public entities are required to be filed within one year of the accident. Not to mention, this statute also mandates that the plaintiff file a “Notice of Claim” on the public entity within 180 days after the date of loss. For example, if you suffered a broken leg from a car crash caused by a careless bus driver who was working for the City of Phoenix bus on January 1, 2022, you would have 180 days to notify the City of Phoenix of the facts of your claim and the specific dollar amount needed to settle the claim. If the City of Phoenix refuses to settle, you have until January 1, 2023, to file a personal injury lawsuit under the applicable statute of limitations.
Rule Of Discovery
The standard two-year statute of limitations for car accidents may be extended if the injury is delayed or not discovered directly after the collision. In these unique cases, the clock for the statute of limitations does not begin to tick until the victim discovers the injury, rather than when the injury originally occurred. Extensions for delayed injuries can be especially difficult to prove, so you will need a skilled and aggressive car accident lawyer in Glendale to help support your claim and prove that the extension is justified.