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If you have been injured in a car accident in Arizona, you generally have two years from the date your claim accrues to file a lawsuit. In many cases, the claim accrues on the date of the crash, but exceptions may apply. That deadline sounds simple, but it comes with important exceptions, especially if a government entity is involved, and missing the applicable deadline can prevent you from pursuing that claim in court, even if the underlying facts are otherwise strong.
Desert Star Law Group helps Phoenix area accident victims understand exactly where they stand. Our car accident attorneys can evaluate your situation and explain your available legal options. Do not let uncertainty about a filing deadline keep you from getting answers. Contact Desert Star Law Group at (602) 686-9936 to discuss your situation and learn what deadlines may apply.
Arizona law generally requires personal injury and property-damage lawsuits arising from a car accident to be filed within two years after the claim accrues. This deadline, known as the statute of limitations, generally applies to injury and property-damage claims arising from crashes involving private parties and it exists to ensure claims are pursued while evidence and witness memories are still reasonably fresh.
For many car accident claims, the two-year period begins on the date of the crash. However, Arizona law measures the deadline from when a claim legally accrues, and that determination can depend on the facts of the case. This distinction matters, since some people mistakenly assume the deadline resets or pauses while they are negotiating with an insurer.
Filing an insurance claim and filing a lawsuit are two very different things, and confusing the two can put your legal rights at serious risk.
An insurance claim is a request for payment submitted to an insurance company. The applicable reporting requirements may vary based on the policy and the type of coverage involved. Negotiating with an insurance adjuster does not automatically extend or pause the deadline for filing a lawsuit.
If settlement negotiations do not resolve the case, a lawsuit generally must be filed before the applicable statute of limitations expires. If negotiations stall or a fair settlement cannot be reached, you still need to file a lawsuit within the statute of limitations to preserve your right to pursue the claim in court.
If your accident involved a government vehicle, a public employee acting within the scope of employment, or an allegedly dangerous condition involving public property, special deadlines and procedural requirements may apply.
Arizona law generally requires a properly served notice of claim within 180 days after the claim accrues. This deadline is separate from the deadline to file a lawsuit.
The notice of claim must satisfy specific statutory requirements, including a settlement amount and facts supporting that amount. A late or noncompliant notice can bar a claim against a public entity or public employee.
In addition to the notice-of-claim requirement, lawsuits against public entities and public employees generally must be filed within one year after the claim accrues. Because government claims involve shorter deadlines and strict procedural rules, it is important to seek legal guidance promptly if a public entity or employee may be involved.
In limited, fact-specific circumstances, Arizona law allows the statute of limitations to be paused, or tolled, extending the deadline beyond what would otherwise apply. Do not assume that tolling applies or delay seeking legal advice based on a possible exception to the usual filing deadline.
In limited circumstances, Arizona law may pause, or toll, the statute of limitations. Under A.R.S. § 12-502, if an injured person was under 18 or of unsound mind when the claim accrued, the period of that disability generally is not counted toward the time allowed to file a lawsuit.
For example, a child injured in a car accident may generally have the same two-year filing period available after reaching age 18. Whether tolling applies to a particular case depends on the facts and should be evaluated promptly by an attorney.
Although two years may sound like a long time, waiting can make a case more difficult to investigate. Evidence may be lost, surveillance footage may be overwritten, witnesses can become harder to locate, and memories may fade.
Car accident cases arising in Phoenix and throughout Maricopa County may require time to investigate, preserve evidence, obtain medical records, identify responsible parties, and assess damages. Starting early can help ensure important evidence is not lost before a claim is resolved or a lawsuit is filed.
A missed deadline can prevent an otherwise viable claim from being heard in court. Taking action early helps preserve your ability to seek compensation while the facts and evidence can still be evaluated.
Desert Star Law Group can evaluate the deadlines that may apply to your case, including the standard two-year limitations period and potentially shorter deadlines for claims involving public entities or employees. Our team can also help identify and preserve important evidence early in the process.
Our Phoenix car accident attorney and personal injury attorneys understand how these deadlines interact with insurance negotiations, and we work to keep your case on track from day one.
If you have been injured in a car accident in Arizona, do not wait to find out how much time you actually have left. Contact Desert Star Law Group at (602) 686-9936 for a consultation, and let us help you understand your options and protect your right to pursue compensation.
