Personal Injury Statutes of Limitations in Arizona

Arizona law provides for certain maximum time limits during which a lawsuit may be brought for injury or death claims. These time limits are known as statutes of limitations. If a complaint is not filed in the proper court within these time limits, the right to recover compensation may be lost. If you believe that you have been injured as a result of someone else’s actions, it is important that you immediately consult with an attorney. A prompt investigation may enhance the value of your claim. Photographs of an accident scene, preservation of evidence, and witness interviews while memories are fresh, will often be of great benefit.

Generally, in Arizona, you have two years from the date of an injury to file a suit against an individual or entity who has caused injury to you. However, as noted below, there are a number of exceptions. Injuries are commonly caused by motor vehicle collisions, slips and falls, defective products or exposure to molds or other toxic substances.

When the person who has suffered an injury is under the age of eighteen, the statute of limitations may not run until two years after the individual’s eighteenth birthday. If the complaint is filed before the injured person reaches the age of eighteen, it is generally filed in the name of a parent or guardian.

The rules and requirements for making an injury claim against a governmental entity (city, county, state or personal) can be quite complex. For example, for certain claims, a Notice of Claim must be filed with the person authorized to accept service for the governmental entity within 180 days of the injury. This Notice of Claim is intended to provide the governmental entity with information regarding the nature of the injury and how much compensation is being sought. If the entity does not agree to settle the claim, then suit must be filed within one year of the date of injury.

Individuals who have suffered injury as a result of the actions of an animal generally have one year to file a suit. If a lawsuit is filed within the one year period, it is not necessary to prove that the owner knew that the animal was viscious. It is only necessary to establish that the injured person was in a public place or lawfully in a private place and that the dog was not provoked. If the one year statute of limitations passes without suit being filed, the case can still be pursued for up to two years after the bite, but the injured person may be required to prove that the dog owner knew the dog was viscious.

If a person is injured while on the job, by the negligence of a third party (i.e., someone other than a co-employee or employer) that person may be entitled to compensation in addition to Worker’s Compensation benefits. Arizona law provides, however, that if you do not file suit within one year of your injury, your claim may be automatically assigned to your Worker’s Compensation insurance carrier, whether or not you receive benefits. Other limitations may also apply.

If you are injured by a person who has been over-served alcohol and this action caused or contributed to your injury, you may have a claim against the business that provided the alcohol to the person who injured you. The time limit for filing such a lawsuit is generally one year.

The general information provided is not intended to be relied upon. Circumstances vary greatly. If you believe that you have been injured as a result of another’s negligence, the attorneys of Levenbaum & Cohen are available to discuss your case and to assist you. Many cases are accepted on a contingent fee basis (costs additional). We would be pleased to speak with you soon.