Posted on:Jul 11, 2023

How Long Do I Have to File a Personal Injury Claim?

HomeBlogHow Long Do I Have to File a Personal Injury Claim?

You got hit by a car. You crashed your motorcycle. You were injured in a workplace accident. You slipped and fell at the grocery store. Your doctor punctured an organ during surgery. Your child got injured on the playground at school.

These are common scenarios in which injuries can occur. When a personal injury causes you to suffer significant damages, you may wonder about your next steps. Can you file a claim against the negligent party? Yes, you can, but your time is limited. You need to act quickly, so don’t delay. Read on to find out what you need to know. 

Statute of Limitations in Arizona

Each state has various time limits for filing claims for injuries. These are called statutes of limitations. In Arizona, in general, you have two years from the date of your incident to file a personal injury lawsuit. However, if you suffer a hidden injury that appears later on — which is often the case in medical malpractice lawsuits — then your two-year time limit may start from the date that you discover the injury.

There is an exception to the rule. If you are filing a claim against a city, county, or the State of Arizona, then you need to follow a different process and will have an even shorter period of time to file a claim. This includes claims against a public entity, public school, or public employee. 

 In these cases, you have 180 days to file a formal claim and one year to file a lawsuit against the at-fault entity under Ariz. Rev. Stat. Ann. § 12-821. A minor or an incompetent person has additional time. They may file a claim within 180 days after the disability ceases.

Any claim that is not filed within 180 days after the cause of action accrues will be barred from any compensation. A cause of action accrues when the victim realizes that they have been injured or suffered damages. 

What if I Miss the Deadline?

If you miss the deadline, that’s it. You get no extensions. That means you will not be able to file your claim in court and receive compensation. You will get absolutely nothing, even if the other party is clearly at fault.

Statutes of limitations need to be taken seriously. As the name implies, there are limitations. Once you realize you have been injured by someone else’s negligence, your best course of action is to get the ball rolling and seek legal help right away. 

Contact Us Today

After a car accident, slip and fall, dog bite, or another type of personal injury in Arizona, the amount of time you have to take legal action is limited. Don’t procrastinate; file a claim promptly.

An Arizona personal injury lawyer from Saavedra Law Firm can help you understand your statute of limitations and other laws and procedures that apply. Get started with a free case evaluation. Give us a call 24/7 at (602) 753-8917 or fill out the online form.

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