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While you’re not legally obligated to hire a car accident lawyer in Phoenix, it can be invaluable to have an expert on your side. Insurance adjusters might start with low settlement offers and they might frame these offers as payouts you must accept quickly or lose access to. Not only can an experienced lawyer help you know how much you should accept in a settlement agreement, they can make sure you aren’t pressured by fake claims.
In Arizona, you are not required to accept a settlement by any fixed date, but victims of accidents generally have up to two years from the date of their injury to file a lawsuit. One of the key steps to getting the compensation you need and deserve is knowing the legal deadlines you have to follow.
Anyone who’s watched a crime show or courtroom drama is familiar with the concept of a statute of limitations. This refers to the deadline by which a case can be legally pursued.
In most personal injury cases in Arizona, a party has two years from the date of an accident to file a lawsuit. This statute applies to nearly all personal injury cases, from slipping on some ice to getting in a car crash on the highway.
That said, like many legal proceedings, there are exceptions, for example, claims against government entities. If you’re in an accident with a city vehicle or an employee of a state-funded agency, different rules and timelines may apply. Because of this, it’s important to seek legal advice after an accident with a police vehicle.
Other circumstances can affect these deadlines as well, including if there is delayed discovery of damages or in cases involving minors. It’s best to assume nothing in either direction. Just because your accident happened within the last two years, don’t assume you can wait to file, and just because it’s been longer than two years, don’t assume you no longer have a case. Talk to a lawyer.
Once you’ve ensured that you’ve filed your claim within the statute of limitations, what other deadlines do you need to be aware of?
| Question | Short Answer | What It Means for You |
|---|---|---|
| Is there a deadline to accept a settlement offer? | No fixed legal deadline | Insurance “expiration dates” are business tactics, not legal requirements. |
| How long do you have to file a lawsuit? | Generally 2 years from the accident date | This is Arizona’s statute of limitations for most personal injury cases. |
| Can an insurance company withdraw an offer? | Yes | They can change or withdraw offers, but you are not obligated to accept. |
| Does the 2-year rule apply to all cases? | Not always | Claims involving government entities have shorter deadlines. |
| What happens after you accept a settlement? | The claim is permanently closed | You cannot reopen the case, even if new medical issues arise. |
| Should you accept the first offer? | Usually not advisable | Initial offers are often lower than what your case may be worth. |
Talking to an insurance company after you’ve been in an accident can be intimidating; they have a massive amount of resources and employees and can seem to have expertise in every aspect of your case. You’re also likely still recovering from your accident.
When insurance companies provide offers to victims of accidents, it’s not uncommon that they send them with deadlines. These deadlines are not legally binding; they are business strategies.
An insurance company might send you a settlement amount and say, “This offer expires in seven days.” There is no legal grounds for this expiration. Insurers are welcome to withdraw an offer and send a new one as many times as they wish, but as long as you are still within the statute of limitations, you have no legal obligation to accept any of them, and there is still time to file a lawsuit.
When you hire a lawyer, they can decide their own timeline, gather documentation, and submit a counter offer. Because the deadlines of insurers are manufactured, they are negotiable.
As medical bills pile up and you start to worry that you’ll never be compensated for your pain and lost wages, you might be compelled to settle as soon as possible. However, there can be good reasons to wait. Waiting gives time for:
Signing a settlement is forever. Once you agree to it, even if new symptoms appear or medical costs drag on for years and leave you bankrupt, you can never reopen the claim.
When it comes to accepting a settlement after an accident, sometimes patience means accuracy.
Our team of experts can help you navigate the aftermath of an accident and make sure you take the right amount of time to accept the settlement you deserve. Reach out today and let us help you make the most of your circumstances!
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