What is the statute of limitations in Arizona car accidents?

What is the statute of limitations in Arizona car accidents?

A statute of limitations is a rule that governs when a lawsuit can be filed in Arizona. After a car accident or injury that gives rise to a “cause of action,” the victim only has a limited amount of time to file a lawsuit. A lot of people think that statutes of limitations are unjust or oppressive. But these rules are vigorously enforced in Arizona courts. Even if one’s case is very strong or convincing, a statute of limitations can preclude it from being heard. After a car accident in Phoenix, Arizona, the victim has a limited time to file a lawsuit to hold the party(ies) liable for the injuries.

What is the time limit for bringing a lawsuit to Arizona?

Article 12-542 of the Arizona Revised Statutes states the statute of limitations for personal injury and wrongful death lawsuits in the state. One only has two years after a car accident that they can use to initiate a claim for damages against any liable parties that have contributed to the accident, including the at-fault driver. If it crosses the two-year threshold and the injured party waits until after this deadline to initiate a case, the chances of being compensated for the damages become slim.

When the victim involved in a car accident knows or should have known about the harm (injuries and damages) the accident has caused, the statute of limitations kicks in. Victims of most accidents, including automobile, truck, pedestrian, and motorcycle collisions, are frequently aware of the extent of their injuries. The two-year limit still applies if a person is killed in a car accident and the family wants to sue the individual who caused the accident for wrongful death. But the time for the statute of limitations does not start to run until after the victim dies.

Exceptions to the 2-year limit in Arizona

To bring a personal injury lawsuit in Phoenix, Arizona, after the statute of limitations expires is almost always a losing proposition. However, the statute’s duration can be affected by a few exceptions. The exceptions are:

1)     The statute of limitations does not begin to run until the car accident victim reaches the age of eighteen if the victim was a minor at the time of the accident.

2)     If the victim did not discover their injuries until after the deadline had passed in Arizona, they might be able to file a claim. An injury must not have been found until later for this exemption to apply. However, the exception shall not apply once the victim has found or reasonably should have noticed the damage.

Is there a statute of limitations when you sue the government?

Yes, there is a time limit for when one can sue the government in Arizona. If one were to get hurt and/or their car damaged in an accident in Arizona caused by the negligence of a government employee, any claim that must be submitted will be subject to a set of specific criteria. The claim would have to be filed within a shorter time frame of six months, and then one would have to wait for the state or municipality to reply to the charges within two months. Regardless of the agency’s actions, the victim would have just one year to bring a case to court.

Why Choose Wyatt Injury Law’s Car Accident Lawyer

The Wyatt Injury Law legal team focuses on providing an excellent client experience while getting the best possible outcome. When working with Wyatt Injury Law, you will work directly with attorney Justin Wyatt who has vast experience in getting the most compensation for his clients in injury cases. If you or a loved one have been injured in a car accident in Phoenix, contact us today for a free consultation.


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