What Is the Statute of Limitations for Personal Injury in AZ?

Zachary Mushkatel | Personal Injury
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    Every state has a statute of limitations law that limits how long you have to take certain types of legal action, such as filing a civil lawsuit. In Arizona, the statute of limitations gives you two years from the date of an accident to file a personal injury lawsuit against the at-fault party.

    Depending on the nature and circumstances of the accident, certain exceptions could increase or decrease the usual time limit for a personal injury lawsuit in Arizona. However, you could lose your right to sue if you miss the statutory filing deadline. You should always consult a knowledgeable attorney who can help protect your rights immediately after an injury accident.

    What Exceptions Are There to Arizona’s Statute of Limitations for Personal Injury Lawsuits?

    The two-year statute of limitations applies to most personal injury cases in Arizona. However, some exceptions exist, such as:

    • Public entities and employees – For a claim against a public entity or employee, you have 180 days from the date of the accident to file your claim.
    • Minors – The two-year time limit does not begin running for any minors involved until they turn 18.
    • Product liability – If you have a product liability claim against a manufacturer, the statute of limitations is still two years from the date of injury. However, you cannot file a lawsuit more than 12 years after the date you first bought the product.

    Is the Statute of Limitations the Same If Someone Dies?

    Like with most other types of personal injury cases, the statute of limitations for Arizona wrongful death claims is two years. If someone you love dies because of another party’s negligent behavior, you have two years from the date of their death to file a wrongful death claim.

    However, there are also exceptions for these claims. If you have no way of knowing that your loved one’s death resulted from someone else’s wrongful behavior, the standard two-year time limit might be extended. The time will not begin until you discover or reasonably should know that you have grounds for a wrongful death claim.

    Determining how the statute of limitations will apply to a particular case can be difficult, especially if it involves unusual elements like a wrongful death or negligent government entity. Working with an experienced personal injury attorney is the best way to identify key deadlines for your case and avoid losing money to preventable legal errors.

     

    What Is the Statute of Limitations If the Injuries Are a Result of Medical Malpractice?

    The statute of limitations is still two years for personal injury cases stemming from medical malpractice. However, Arizona law says that the two-year time limit does not begin running out until a patient is aware or could reasonably be aware that medical malpractice contributed to their injuries. If you know or suspect you suffered preventable injuries due to medical malpractice, you should consult a trusted lawyer as soon as possible to ensure your case isn’t derailed because you missed a confusing deadline.

    Two white cars on rear-end collision

    What Are Some Examples of Accidents That Could Lead to a Personal Injury Lawsuit?

    You could have grounds for a personal injury lawsuit if you get hurt in any of the following types of accidents:

    How Do You Prove the Other Person was Negligent?

    You will need to provide clear evidence to prove that someone else’s negligence contributed to your injuries. A knowledgeable injury lawyer can help you identify and preserve valuable evidence for your claim, such as:

    • Photos of accident scenes, property damage, and visible injuries
    • Video footage from dash cams, traffic cameras, and surveillance cameras
    • Statements from witnesses who saw you get hurt
    • Police accident reports and other types of formal incident reports
    • Testimony from experts, such as accident reconstruction specialists
    • Relevant documentation, such as vehicle maintenance records or cell phone data

    When you work with the skilled legal team at Mushkatel, Gobbato, & Kile, P.L.L.C., you can count on us to gather and present useful evidence to prove your personal injury claim. We can independently investigate the injury accident, identify responsible parties and helpful evidence, and craft a strong legal claim on your behalf.

    What Damages Can You Recover from a Personal Injury Lawsuit?

    Depending on the circumstances, your lawyer could help you demand compensation for the following types of losses in a personal injury lawsuit:

    • Current and future medical expenses
    • Incidental costs, such as medical travel expenses
    • Lost wages from missed time at work
    • Losses in your future earning capacity
    • Subjective losses, such as pain and suffering

    Contact an Arizona Personal Injury Lawyer Today

    When you work with the personal injury attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C., you can expect fast, uncompromising support from a dedicated team of experienced legal professionals. We know that personal injury claims can be incredibly daunting, especially when you’re still struggling to recover from painful injuries. That’s why we work hard to handle all the legal aspects of your case while you focus on healing and moving forward.

    We also recognize that you might be in a tight financial position due to overwhelming medical bills and other unexpected costs from your injuries, which is why our firm accepts cases on a contingency fee basis. This means you don’t owe us anything upfront when we start work on your case, and we only charge legal fees if and when we win money for you.

    Don’t wait to get the legal help you need. When you’re ready to discuss your case with a compassionate and attentive attorney, contact the legal team at Mushkatel, Gobbato, & Kile, P.L.L.C. for a confidential initial case review.

    Visit Our Sun City Personal Injury Law Offices