If you were injured in an accident in Arizona, whether in a car crash, a slip and fall, or another incident caused by someone else’s carelessness, time is already ticking on your right to file a lawsuit.
Arizona has a two-year statute of limitations for personal injuries.
If you miss this deadline, you could lose your chance to file a claim and recover compensation.
In this guide, we’ll break down the Arizona personal injury statute of limitations, explain how it works, and why acting sooner rather than later is crucial.
If you need guidance now, Tawney, Acosta & Chaparro P.C. is here to help. Our Arizona personal injury trial lawyers are relentless in the pursuit of justice for injury victims and their families.
We aggressively fight to hold wrongdoers accountable and provide our clients with the peace of mind they need during one of the most difficult times in their lives.
Please don’t hesitate to reach us online or call (575) 222-1000 today for a free consultation.
Key Points
- Arizona law gives personal injury victims two years from the date of the injury to file a lawsuit against the responsible party.
- Missing the Arizona statute of limitations deadline can permanently bar you from seeking compensation, regardless of the claim’s validity.
- Exceptions exist for minors, incapacitated individuals, or cases where the injury was discovered later, but acting promptly is always best to protect your rights.
How Long Do I Have to File a Personal Injury Lawsuit in Arizona?
In most personal injury cases, Arizona law gives you two years from the date of your injury to file a lawsuit against the person or entity responsible. This period is known as the statute of limitations, and it applies to nearly all injury-related claims arising from another party’s negligence or wrongful act, including car, truck, and motorcycle accidents.
Missing this deadline can have serious consequences. If you try to file after the statute expires, the court will likely dismiss your case, and you’ll lose your right to pursue compensation. Acting quickly ensures that your attorney can gather evidence, contact witnesses, and protect your claim before time runs out.
Exceptions to the Arizona Statute of Limitations for a Personal Injury Claim
While the general rule gives you two years to file a lawsuit, there are exceptions to Arizona’s personal injury statute of limitations. Certain circumstances can pause (“toll”) the statute of limitations.
Minors
When the injured person is under the age of 18, the two-year clock doesn’t start right away. Instead, it begins on the day the minor turns 18 years old.
This rule allows young victims time to file once they reach adulthood and can act on their own behalf legally.
Legal Incapacity
If an injured person is legally incapacitated, the statute of limitations may be paused until the incapacity ends. Once the person regains legal capacity, the two-year period begins.
Absence
If the person or entity responsible for the injury is not present in Arizona when the claim arises or leaves the state before a lawsuit is filed, the statute of limitations may be paused during their absence.
This law ensures a claimant isn’t unfairly prevented from suing simply because they cannot serve the defendant while outside the state.
Discovery Rule
The discovery exception allows extra time to file a lawsuit when someone couldn’t have reasonably known about their injury right away. The clock doesn’t start until the person actually discovers, or should have discovered through reasonable care, that they were injured and that another’s actions caused the injury.
This rule prevents people from losing their right to sue before they even realize they have a claim.
Why Is There a Personal Injury Statute of Limitations in Arizona?
The statute of limitations exists in all states, not just Arizona, to promote fairness and efficiency in the legal system. Over time, evidence can disappear, memories can fade, and witnesses may become harder to locate. These laws help ensure that plaintiffs bring legal claims while facts are still reasonably available and reliable.
While statutes of limitations may seem like a technicality, they are a fundamental part of the legal process that protects both claimants and defendants. If you’re unsure how much time you have left to file, it’s crucial to speak with a personal injury lawyer as soon as possible to preserve your right to recover.
Frequently Asked Questions
Here is more information about the personal injury statute of limitations in Arizona.
Is the Statute of Limitations the Same If Someone Died?
No, wrongful death claims follow a different timeline than general personal injury cases. The statute of limitations for a wrongful death lawsuit is two years from the date of death, not the date of the accident that caused the injuries. This distinction is critical, especially in cases where a person survives for weeks or months after an accident before passing away. If you miss this deadline, you may lose your ability to pursue justice for your loved one.
Does Filing an Insurance Claim Count as Filing a Lawsuit?
No, submitting a claim to the insurance company does not pause or satisfy the statute of limitations for filing a personal injury lawsuit. Many people mistakenly believe that starting the insurance process protects their legal rights, but it doesn’t. You must still file your lawsuit in civil court within the required timeframe, even if negotiations with insurers are ongoing. That’s why it’s so important to consult with an attorney early on.
What If I Didn’t Know There Was a Deadline?
Unfortunately, not knowing about the statute of limitations doesn’t excuse missing the deadline. Courts generally enforce the statute strictly—even if you weren’t aware of it. If you’re unsure whether your case still qualifies, speak with a lawyer immediately to explore your options.
Don’t Wait—Protect Your Rights Before Time Runs Out
If you or a loved one was injured due to someone else’s negligence, don’t risk missing your chance to seek justice. Arizona’s personal injury statute of limitations leaves little room for error, and exceptions are limited.
At Tawney, Acosta & Chaparro P.C., we take every case seriously because we know what’s at stake. Whether you’re dealing with medical bills, lost wages, or emotional suffering, we’re here to pursue every avenue for accountability and resolution.
Our team has decades of combined experience fighting for injury victims across Arizona, and we’re not afraid to take on insurance companies, corporations, or even the government.
Let us review your situation and explain your legal options before it’s too late. Call (575) 222-1000 or fill out our online form today for a free consultation.
James Tawney
James Tawney is a dedicated advocate for injury victims throughout the Southwest. Born and raised in Arizona, he graduated summa cum laude from Northern Arizona University before earning his law degree from Texas Tech University School of Law. In 2016, James co-founded Tawney, Acosta & Chaparro P.C., where he continues to focus on protecting the rights of individuals and families harmed by negligence.
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