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Is There a Time Limit to File a Personal Injury Claim?

November 30, 2020Personal Injury

If you or somebody you care about has sustained an injury caused by the careless or negligent actions of another individual, business, or entity, you should be able to receive compensation for your losses. However, there are various factors that go into these claims, including deadlines that injury victims need to be aware of. These deadlines are called the statute of limitations, and they are put into place by the laws of each particular state. Here, we want to discuss the personal injury statute of limitations in Arizona as well as any exceptions to these limitations.

The Arizona Personal Injury Statute of Limitations

In Arizona, the personal injury statute of limitations is two years from the date the injury occurs. This means that any personal injury victim has a two-year time frame with which to file a lawsuit against the alleged negligent party in their case. This statute of limitations is set by the Arizona legislature, and is fairly stringent. However, there are some exceptions to this law.

What Are the Exceptions to the Personal Injury Statute of Limitations in Arizona?

The state of Arizona has identified various exceptions to the personal injury statute of limitations. In each of these cases, the statute of limitations “clock” essentially pauses, effectively extending the filing deadline for an injury victim.

The first exception to the Arizona statute of limitations revolves around victims who are under the age of 18 or “of unsound mind” at the time the injury occurs. In these cases, the two-year statute of limitations clock will not begin running until the legal disability has been removed. This means that the person has turned 18 or a person regains their proper mental capacity.

Additionally, if the person who allegedly caused the injuries leaves the state of Arizona after the accident but before the lawsuit can be filed, the statute of limitations clock will be paused until the defendant returns to the state.

What if You Miss the Deadline for Filing a Personal Injury Claim in Arizona?

If an injury victim waits more than two years beyond the underlying accident that caused their injury to file their claim, they will likely lose the ability to recover any compensation at all. The defendant in the case will most certainly file a motion to dismiss with the court.

The courts in Arizona take the statute of limitations very seriously, and they will likely grant the dismissal. The personal injury victim will lose their right to ask for any compensation for their injuries, regardless of how significant the injuries may be and no matter how obvious the defendant’s liability is in the case.

Work With an Attorney for These Cases

If you or somebody you care about has been injured due to the actions of another individual, company, or entity, you need to seek legal assistance as soon as possible. A Phoenix personal injury lawyer will have the resources and legal expertise necessary to conduct a complete investigation into your case and obtain any compensation you may be entitled to. An attorney will have a thorough understanding of the Arizona statute of limitations and will make sure to have your case filed on time.

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