The statute of limitations is the legal deadline for filing a personal injury lawsuit, and missing it can permanently end a claim regardless of how strong it is. While many people know that Arizona uses a two-year deadline, several types of claims follow shorter or different timelines. Knowing which deadline applies is one of the first steps in protecting a claim. A Scottsdale personal injury lawyer can confirm the deadline that governs a specific accident.
The General Two-Year Deadline
Most personal injury claims in Arizona must be filed within two years of the injury under A.R.S. § 12-542. This deadline applies to common claims such as car accidents, motorcycle crashes, slip and fall injuries, and general negligence. The two-year period is the deadline for filing a lawsuit in court, not for settling a claim, and cases handled by a Phoenix car accident lawyer frequently settle before that point. For a broader overview, the firm's page on the Arizona statute of limitations provides additional background.
Shorter Deadlines for Claims Against the Government
Claims against a public entity, public school, or government employee follow a much shorter timeline. Under A.R.S. § 12-821.01, an injured person must serve a written notice of claim within 180 days of the injury. The notice must describe the basis for the claim and state a specific settlement amount. If the notice is not served within 180 days, the claim is barred. A companion rule requires any resulting lawsuit against the government to be filed within one year. Because accidents involving city buses, government vehicles, or hazards on public property fall under these rules, injured people often act quickly, whether the claim arises in Tempe, where a Tempe car accident lawyer may be involved, or in a nearby community such as Surprise, where a Surprise personal injury lawyer handles similar claims.
When the Clock Starts: The Discovery Rule
The deadline usually begins on the date of the injury, but Arizona recognizes a discovery rule in some situations. When an injury or its cause is not immediately apparent, the clock may start when the injured person discovers, or reasonably should have discovered, the harm and its cause. This rule most often applies to injuries that develop over time or that are not connected to their cause right away. Because the discovery rule is applied narrowly, injured people should not assume it extends their deadline without legal review.
Special Deadlines for Minors and Wrongful Death
Arizona law treats certain claims differently. For an injured minor, the two-year clock generally does not begin until the child turns 18, giving the person until age 20 to file in most cases. Claims against the government remain an exception, with shorter timelines that can apply once a disability ends. In a wrongful death case, the two-year period generally runs from the date of death rather than the date of the underlying injury. Families pursuing these claims often work with a Phoenix wrongful death lawyer to confirm the applicable deadline.
Why the Deadline Matters for Your Claim
Even when a deadline is years away, evidence weakens over time as witnesses become harder to locate and records are lost. Acting early preserves the proof a claim depends on and leaves time to identify whether a shorter deadline applies. The resources on Understanding Negligence in Arizona and When Should You Hire a Personal Injury Lawyer? explain how early steps support a claim.
Talk to an Arizona Personal Injury Attorney
Deadlines in Arizona personal injury cases are strict, and the correct one depends on who caused the injury and how it occurred. Wyatt Injury Law represents injured people throughout Arizona on a contingency fee basis, which means there is no fee unless we recover compensation for you. To confirm the deadline that applies to your accident, call our team or contact us for a free consultation.