Understanding the Statute of Limitations for Claims

The aftermath of a car accident can be overwhelming. Aside from concerns for your wellbeing and the safety of those involved, you’re likely facing the stress of property damage and vehicle repairs. In the midst of this, you may not think about filing a claim right away.

However, it’s crucial to understand the statute of limitations for car accident claims, which is the legal deadline by which you must file a lawsuit. This time frame is set by state law and varies based on the type of claim. 

In Arizona, the statute of limitations for auto accident claims is typically two years, but there are some important exceptions. A car accident attorney in Phoenix, such as the experts at Gage Mathers, can guide you through the nuances of these limitations and help you avoid pitfalls.

What Is a Statute of Limitations?

A statute of limitations defines the time period in which a person can file a lawsuit following an accident. In Arizona, this period is generally two years from the date of the accident. The reasoning behind this time limit is to ensure that claims are made while evidence is still available and reliable. It also helps protect potential defendants from facing lawsuits indefinitely.

Without the statute of limitations, people involved in car accidents would live under the constant threat of lawsuits, no matter how much time had passed. This rule also plays a role in reducing delays in accident settlements, as it encourages the timely resolution of cases.

Exceptions to the Rule

While the standard statute of limitations for car accident claims is two years, there are certain circumstances that can alter when the clock starts ticking. In these cases, the window to file a lawsuit may begin later than the date of the accident.

Minors

If the victim of a car accident is a minor (under the age of eighteen), the statute of limitations doesn’t start until they turn eighteen. Because children cannot file lawsuits on their own, the two-year period is delayed until they are legally able to do so. For example, if a child is injured in a car accident at fifteen years old, they have until they are twenty to file a lawsuit.

Wrongful Death

In cases where a car accident leads to death, the statute of limitations starts on the date of the victim’s death, not the date of the accident. This exception is particularly relevant in situations where someone sustains serious injuries in an accident but survives for a period of time before passing away.

Delayed Discovery

Some injuries from car accidents may not be immediately apparent. In cases where the full extent of an injury is discovered after the accident, such as internal injuries that weren’t visible initially, the statute of limitations may be extended. In these cases, the time to file a claim starts when the injury is discovered or should have reasonably been discovered.

Is Time on Your Side?

While two years may seem like a long time, it can pass quickly, especially when you’re dealing with the aftermath of an accident. It’s crucial to act promptly and file your claim as soon as possible. The sooner you take action, the better your chances of building a strong case with all the evidence intact.

A car accident attorney in Phoenix can help you navigate the complexities of the legal process and ensure that you meet all necessary deadlines. The professionals at Gage Mathers are here to help you not only with the statute of limitations but also with other critical aspects of your case, such as choosing the best lawyer for multi-car accidents.

Having the right legal representation can make all the difference in the outcome of your claim. Don’t let time slip away–contact a trusted attorney today to get the process started and secure the compensation you deserve!

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 23 years
Bar number: 020421
Location: Phoenix, AZ
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