When you’ve been injured in an accident, you may be entitled to compensation for your losses. However, it’s vital to understand the laws regarding these types of claims, including the statute of limitations for filing a claim. In this article, we will answer some of the most frequently asked questions to help you understand Arizona’s statute of limitations for injury claims.
What is a Statute of Limitations?
A statute of limitations is a law passed that sets the maximum amount of time after an event that parties involved in a dispute can initiate legal proceedings. The length of this period varies based on the jurisdiction and the nature of the offense. Statutes of limitations exist for both civil and criminal cases.
When Does the Statute of Limitations Start?
The statute of limitations for filing most injury claims in Arizona is two years. This means that if you were injured in an accident, you have two years from the date of the accident to file a claim. If you don’t file within this two-year window, you may be barred from recovering damages for your injuries. Because of this law, it is crucial to act quickly if you have been injured in an accident in Arizona.
When Does the Two-Year Window Not Apply?
It is important to note that this two-year window does not apply in all cases. For instance, if the accident involves a government entity, the filing window may be as little as six months. On the other hand, if the injury involves medical malpractice, the filing window may be as little as one year.
Additionally, if you file a claim against a government entity, you must file a Notice of Claim within 180 days of the accident. This notice is a separate filing requirement from the two-year filing window for injury claims and must be submitted to preserve your rights to pursue a claim against the government.
What If I Miss the Filing Window?
If you file a personal injury claim more than two years after the incident occurred, the defendant may file a motion to dismiss. In these cases, the court will often dismiss your case, denying you the right to ask a court to award you damages for your injuries.
Are There Exceptions to Arizona’s Statute of Limitations?
Some exceptions to the two-year filing window outlined in Arizona’s statute of limitations laws exist. For instance, if the injured person is a minor, the filing window may be extended until they turn 18. Additionally, if the injured party is mentally incapacitated, you may lengthen the filing window until the incapacitation ends. It’s essential to consult an attorney if you are unsure about the filing window in your situation.
Get Professional Help Filing a Personal Injury Claim
Whether you suffered a slip and fall, were involved in a car accident, or were otherwise injured due to someone else’s negligence, the lawyers at Grabb & Durando are here to help you get the compensation you deserve. Our personal injury law firm understands the statute of limitations in Arizona and can help you file your claim within the required window. We will fight to recover the most money possible so you can focus on healing.