Statutes Of Limitations in Arizona Consider Yourself Warned

Personal injury claims are a common legal issue arising when one party believes another has caused them harm, intentionally or accidentally. When the parties to an incident cannot resolve the problems of fault and compensation, the legal system determines responsibility and potential compensation.

Understanding Personal Injury Claims

Personal injury actions apply to individuals, businesses, governments, and other entities. In the United States, various legal jurisdictions pass Statutes of Limitations. These laws prevent disputes from dragging on indefinitely by placing strict time limits on filing a claim.

• If you miss the statute of limitations and file too late, the court will dismiss your lawsuit—end of story. While exceptions exist, they are rare and difficult to prove.

Personal injury claims are a common legal issue arising when one party believes another has caused them harm, intentionally or accidentally. When the parties to an accident cannot agree on fault or compensation due to the injured party, the legal system determines responsibility and possible compensation.

• When parties invoke the legal system’s help, they are subject to ALL of its rules, processes, and procedures. Many of these are confusing and can cause legitimate claims to be uncompensated.

Understanding Personal Injury Claims and The Statutes of Limitation

Personal injury actions apply to individuals, businesses, governments, and other entities. Regarding the Statute of Limitations, each party—businesses, individuals, and even the government—is subject to a rigorous and unforgiving Statute of Limitations. These can have different timelines and requirements, so it’s important to know who you are suing and what the Statute of Limitations demands of you.

Why Time Limits Matter

The infamous Haƞield-McCoy feud is a prime example of what can happen when unresolved disputes are left to average people. Without a clear legal mechanism to settle their disagreements, such as a jury trial or arbitration, the conflict over a single pig escalated into a violent, many decades, century-long, feud.

Had there been an enforceable resolution process, the families might have settled their dispute quickly, avoiding generations of bloodshed, property loss, and imprisonment. Instead, the ongoing hostility culminated in deadly battles, including the Battle of Grapevine Creek, and fueled negative stereotypes about Appalachian communities.

Remarkably, the feud began in 1865 but did not officially end until 2003 when both families signed a truce. This extreme example underscores the importance of legal systems that enforce resolutions and prevent conflicts from dragging on indefinitely. Statutes of limitations serve a similar purpose: they bring closure, ensuring that claims are addressed promptly and fairly.

Statutes of Limitations in Arizona

In Arizona, different time limits apply depending on the nature of the claim:

• Personal Injury Claims: These claims must be filed within two years from the date of the injury or two years from the date a reasonable person would have discovered the injury.

• Claims Against Public Entities or Employees: If you’re filing a claim against a government entity or employee in Arizona, you must submit a formal Notice of Claim within 180 days. This notice must detail the accident, your injuries, medical treatment, and the amount you’re seeking in damages. Six months may seem like plenty of time, but gathering the necessary information and meeting strict procedural requirements can be challenging. Arizona law also dictates who must receive the notice and how it must be served—often requiring a professional process server. Missing any of these steps could jeopardize your claim, making it essential to follow the rules carefully.

• Medical Malpractice: The two-year Statute of Limitations begins when you discover the injury or “medical negligence,” or two years from the date the patient or a reasonable person would have known that the injury or medical negligence caused the injury. For example, suppose a reasonable person would not have known that a surgeon left a sponge in their body for a year after the surgery. In that case, the two-year Statute of limitations does not begin until the date of that discovery.

• Product Liability: Claims involving defective products may also rely on the “discovery rule” if injuries emerge over time.

• However, the Product Liability Laws have an unusual twist. This Twist is called the Statute of Repose. In Arizona, claims are likely to be lost if the claim arose more than 12 years after the product was first sold for use or consumption. Thus, in Product cases, not only do you have to deal with the two-year rule, but you must prove that the claim arose, or “accrued,” within 12 years after the product was first sold. There are exceptions to this Statute, so as with all injury cases, please have your case reviewed by a seasoned Personal Injury Attorney.

Criminal Statutes of Limitations

Arizona also imposes time limits on criminal charges:

• Petty offenses: 6 months

• Misdemeanors: 1 year

• Class 2 felonies: 7 years

• Severe crimes (e.g., first-degree murder, manslaughter, conspiracy to commit murder): No statute of limitations

• Hit-and-run cases involving death: 2 years

The Importance of Acting Quickly

Failing to file a claim within the appropriate time frame can result in losing the right to compensation. That’s why it’s crucial to:

1. Assess injuries and seek medical attention immediately.

2. Document the incident and any related damages.

3. Consult an attorney as soon as possible to ensure compliance with legal deadlines.

The “Reasonable Person” Standard

As mentioned above, Arizona uses the reasonable person standard when deciding when the Statute of Limitations commences. Remember, the Statute expires two years after the injury OR two years after the date that a reasonable person would have discovered the injury. Courts evaluate whether an average person in the same situation would have recognized the harm.

In medical malpractice cases, patients may not realize an error occurred until years later. Courts often extend the filing deadline based on when a reasonable person discovered the injury, even if it is well after two years post-incident.

Similarly, consider a car accident victim who injures their left arm. An initial X-ray shows no issues, so they endure the pain. Years later, when the pain persists, they seek a second opinion. An MRI reveals a small fracture. In this scenario, a court might rule that a reasonable person would have investigated the pain sooner, starting the Statute of Limitations from the accident date, thereby extinguishing the claim.

Tolling Provisions and Extensions

Certain conditions, such as fraud or delayed discovery of harm, can “toll” (pause) the Statute of limitations, allowing victims more time to file. However, these extensions are granted under specific circumstances and require strong legal justification.

Final Thoughts

Navigating personal injury claims requires a clear understanding of legal time limits. Missing a deadline can mean forfeiting the right to seek compensation. If you believe you have a personal injury claim, seeking legal counsel promptly is essential to protecting your rights and ensuring you act within the required time frame.