Personal injury cases must be filed within a period established by the Arizona statute of limitations. Numerous such statutes exist to limit the time for legal action on various claims. If you cannot file your claim on time, you might never be able to do so.

In Arizona, you must file a personal injury lawsuit no later than 2 years after your cause of action accrues. For many, the cause of action accrues on the day their injuries occur. However, the accrual may occur later, depending on your circumstances. If time is running short, your attorney might be able to help you have the statute of limitations tolled, thereby extending your time to file. This may only be done under very specific conditions and is not always possible.

Speak to our Arizona personal injury attorneys about a free case review to begin by calling the Phoenix Accident and Injury Law Firm at (480) 428-0816.

What is the Arizona Statute of Limitations for Personal Injuries?

Each state has its own statutes of limitations that restrict the time in which plaintiffs must file certain civil claims. If you do not file your case within the legally set limitation period, you might be in trouble.

Limitation Period

The Arizona statute of limitations for personal injury claims gives plaintiffs 2 years to file lawsuits. It is important to maximize this time by contacting our Arizona personal injury attorneys to begin preparing your case as soon as possible after an accident. This is a strict time limit, and you might be out of luck if you do not file the case on time.

When Your Cause of Action Accrues

A cause of action is said to “accrue” when it becomes a legally valid claim that the plaintiff may take to court. For many, persona injury claims accrue on the day that the injuries occur. This means that the 2-year statute of limitations may begin on the same date as your accident. To put it bluntly, the clock starts ticking on your case immediately, so time is truly of the essence.

Even so, specific conditions may mean that your specific cause of action does not accrue until a later date. For example, in injury cases related to medical malpractice, your cause of action may not accrue until you discover the malpractice. For many, this could be weeks, months, or even years after receiving negligent medical care.

Can I Have More Time Than the Statute of Limitations Allows?

You may effectively extend your time to file your claims by having the statute of limitations tolled. This is not easy and may only occur under very specific conditions. Not knowing the statute of limitations is never a valid basis for tolling.

Defendant’s Absence from the State

You may have the statute of limitations tolled if the defendant is absent from the state and cannot be reached via long-arm statutes. If this happens, the limitation period is effectively paused until the defendant returns to the state and can be located.

Minority or Insanity

A very common reason for tolling is the plaintiff’s minority or insanity. If you were under 18 when you were injured, you may be unable to take legal action on your own. As such, you may have the limitation tolled until you are 18, giving you until age 20 to file a case. Similarly, if the plaintiff has a mental condition that makes filing the case or understanding their rights impossible, the limitation period may be tolled until their condition improves or is cured.

Criminal Actions

Sometimes, defendants may face criminal charges for causing the accident that injured you. In such cases, criminal proceedings may extend beyond the civil statute of limitations. As such, you may file your civil lawsuit up to 1 year after the final disposition of the criminal case.

FAQs About the Statute of Limitations for Personal Injury Claims in Arizona

What is the Arizona Statute of Limitations for Personal Injury Cases?

In Arizona, the statute of limitations imposes a strict 2-year time limit for filing personal injury lawsuits. For many, the limitation period begins on the day of injury, so time is of the essence.

How Does Tolling the Statute of Limitations Work?

When a plaintiff has the statute of limitations tolled, they effectively buy themselves more time because of specific conditions that make filing the case within the normal limitation period difficult or impossible. One of the most common reasons for tolling is infancy or minority. If you were a minor when you were injured, you may toll the statute until you are 18, giving you until age 20 to file a lawsuit.

Why Can I Have the Statute of Limitations Tolled?

You can have the statute of limitations tolled for multiple reasons described by law. Some of these reasons include, but are not limited to, being under 18 at the time of the injuries, the defendant leaving the state after the accident, or the defendant being criminally charged for causing the injuries.

How Long Can I Extend the Statute of Limitations Through Tolling?

How long you may have the statute of limitations tolled for depends on your reasons for tolling. People who were minors when they were hurt may not have the statute tolled past their 20th birthday. If the defendant faces criminal charges, you may have 1 year from the final disposition of the criminal case to file a personal injury lawsuit.

How Soon Should I Begin a Personal Injury Lawsuit After Being Injured?

You should contact a lawyer to begin your lawsuit as soon as possible. While the standard limitation period of 2 years may seem like more than enough time, it is a surprisingly tight deadline. Many plaintiffs spend months or longer preparing their cases before filing, and it is common for cases to take more than a year to prepare fully.

How Long Does it Take to Prepare a Personal Injury Case?

How long it takes to prepare a case will vary from plaintiff to plaintiff. However, many cases take at least a few months to prepare. Others might take even longer if the case is especially complex or evidence is hard to find. Your attorney can help you determine how much time you need to prepare.

Speak to Our Arizona Personal Injury Attorneys About Your Case Today

Speak to our Phoenix personal injury attorneys about a free case review to begin by calling the Phoenix Accident and Injury Law Firm at (480) 428-0816.