Statute of Limitations for Injury Claims

The statute of limitations for an injury claim is the legal deadline for filing a lawsuit related to an accident. In Arizona, for many personal injury claims, the statute of limitations is two years from the date of the injury.

This is why one of your first phone calls after you’ve been in an accident should be to the best personal injury lawyers in Phoenix. Ensuring you get the compensation you deserve starts with following the law and making sure your case is filed on time.

Why Statute of Limitations Exist

 The core reason for statutes of limitations is a practical one: cases can be hard to conduct effectively and fairly the longer ago they occurred. Evidence might no longer be available, and if it does exist, it can be more challenging to locate. Witnesses’ memories also become more unreliable.

Part of this fairness comes from the fact that these factors might affect parties unevenly. The closer to the incident a case is filed, the more likely it is that evidence will be equally available to everyone involved.

Details That Can Affect Deadlines

Arizona’s general rule is that a personal injury claim must be filed within two years from the date of the injury. However, there are factors that can affect this timeline, and each of them can influence how long personal injury cases take.

Cases Involving Minors

If a child under eighteen is injured, the two-year clock doesn’t start until their eighteenth birthday.

Cases Involving Government Entities

In cases in which certain government agencies or public employees are involved, Arizona uses the ‘180 day rule.’ This means you must submit a formal notice within 180 days of the injury. This notice isn’t a full lawsuit, but it must be submitted in order to later file a lawsuit and receive compensation.

Cases in Which Injury Isn’t Discovered Until Later

This involves what is called the ‘discovery rule.’ It means that the two-year clock doesn’t start until the victim knows they’ve been injured. This can become complicated, as it also applies to when the victim should have reasonably known they were injured.

Each of these situations can involve unique rules and additional notification or submission requirements. Learning about these requirements is one of the many benefits of hiring a personal injury lawyer.

Why You Shouldn’t Wait

While two years might seem like a long time, the longer you wait to file a personal injury claim, the harder it will be for your lawyer to build a strong case. Medical records need to be collected, witnesses need to be interviewed while their memories are fresh, and surveillance footage and photographs may be deleted over time.

The sooner you hire an attorney to collect the evidence that matters, the stronger your case will be.

File Now With Gage Mathers

If you’ve been injured in an accident, you shouldn’t have to worry about paperwork stopping you from getting the compensation you deserve. The team at Gage Mathers is intimately familiar with all aspects of Arizona law and has a history of building the best case possible for our clients.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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