If you’ve been injured due to someone else’s negligence, you must understand the legal time frame for filing a lawsuit. This is known as the statute of limitations, which can spell the difference between justice and missed opportunities. While deadlines might seem like a legal technicality, the truth is, it builds the foundation of injury claims. Here’s what you must know about the statute of limitations in Arizona:

What is a Statute of Limitations?

A statute of limitations is the time frame you are allowed to file a lawsuit. If you don’t act within this period, your case may be dismissed, no matter how valid or strong it may be. In Arizona, personal injury cases are subject to a specific statute of limitations, which varies based on the nature of the claim. The law doesn’t wait forever—it has set a legal countdown on how long you have to file a case. 

Arizona’s Statute of Limitations for Personal Injury Claims

The general rule in Arizona is this: you have two years from the date of the injury to file a lawsuit, according to Arizona Revised Statutes (A.R.S.) § 12-542. This applies to most personal injury cases, such as:

• car accidents
• slip and fall
• pedestrian accidents
• premises liability

So, what happens if you miss the deadline? In most cases, your right to sue vanishes entirely. This isn’t a guideline—it’s the law. Courts rarely grant exceptions unless very specific conditions are met.

When the Statute of Limitations May Be Extended

Certain circumstances can affect the two-year timeframe. Arizona law allows the extension of the statute of limitations for the following instances:

Injured Minor

If you’re dealing with a personal injury case involving a minor in Arizona, you’ve got a bit more time to work with than usual. The statute of limitations for filing a claim is two years from the date of the injury. But when it comes to minors, the rules shift. The clock doesn’t start ticking until their 18th birthday. So, if a child is hurt at age 11, the law allows him or her to wait until adulthood to file a lawsuit.

This extended timeline exists because injuries might take a while to show their full impact. Moreover, kids might not be able to advocate for themselves early on. That said, waiting until the last minute is not a good idea either. It’s still best to have the right legal support from the start. So, talk to a personal injury attorney to make sure that everything is handled properly.

Legal Disabilities

Suppose you’re an injury victim in Arizona with a legal disability, for example, being mentally incapacitated and unable to handle your own affairs. There’s a special rule that protects your rights. The usual deadline for filing a personal injury claim gets paused. Technically, the two-year limit won’t start until your disability ends. The clock only starts ticking once you recover or regain capacity.

It’s a way to make sure that people facing extra challenges will not lose out on their chance to seek justice. 

Defendant’s Absence

If the person responsible for your injury leaves Arizona, the statute of limitations stops running while they are out of the state. The countdown resumes when they return (Ariz. Rev. Stat. § 12-501).

Simply put, any time they spend outside the state doesn’t count toward the two-year limit. So, if they’re gone for three years, you’ll still have the full two years to act once they’re back.

This rule exists to make sure that the liable people can’t avoid responsibility just by leaving the state. 

Discovery Rule

What if you didn’t know you were injured right away? That’s where the Discovery Rule comes in.

Under this rule, the clock doesn’t start ticking until you discover (or reasonably should have discovered) your injury. For example, let’s say you were in a car accident, and everything seemed fine at first. A year later, you find out you have a hidden injury, like a fracture or internal damage. Thanks to the Discovery Rule, your two-year limit would start from the day you found out about the injury, not the day of the accident.

This rule is designed to protect people who couldn’t have known about their injuries right away. It also applies to situations involving medical malpractice or hidden product defects. Bear in mind, however, that if you plan to use the discovery rule, legal arguments may arise. So, talk to an injury lawyer to make sure you’re within the time limits and to avoid technicalities. 

Exceptions to the Two-Year Rule

Claims Against Government Entities or Employees

Now, what if your personal injury claim involves government entities or employees? For example, you slipped on the floor of a government building, or an erring city bus driver crashed into your vehicle. In such cases, the rules are different. 

 Filing a lawsuit against government entities entails a tight deadline. The process requires:

• Filing a notice of claim within 180 days (or six months) of the incident, as stated in ARS 12-821.01
• The notice of claim must be filed with the government entity’s governing body or the Arizona Risk Management Division. 
• The claim shall contain facts proving the public entity’s liability; and must include a specific amount for which the claim can be settled and the facts supporting that amount. 
• If the damaged party is a minor or an insane or incompetent person, he/she may file a claim within one hundred eighty days after the disability ceases.

Failing to meet these deadlines can permanently bar you from pursuing compensation. These rules are outlined in A.R.S. § 12-821.

Intentional Torts

For intentional injuries—like defamation, false imprisonment, or malicious prosecution—you have just one year to file your claim, as stated in Ariz. Rev. Stat. § 12-541. But, if the intentional injury was caused by a government employee or entity, you’ve only got 180 days, as mentioned earlier. Therefore, timeframes can vary depending on the specifics of your case. 

Procrastination in filing injury claims can be costly—not just financially but emotionally as well. Thus, if you miss the statute of limitations, your lawsuit will almost certainly be dismissed—no matter how compelling your evidence might be. Delays can also lead to lost or degraded evidence and fading witness recollections. Therefore, file the claim promptly to ensure the best possible outcome for your case. For maximum recovery, consult a personal injury lawyer as soon as you can.