Statutes of Limitation for Accident-Injury and Wrongful Death Claims
Your claim must either settle or a lawsuit must be filed within the time period from the date of accident or other time as prescribed by statute (when “the cause of action accrues”) and the statute of limitations for your particular type of case. If this does not occur then there is no further right to bring legal action to recover monetary damages. This can range from six months to several years based on the type of case. In Arizona, the limitation for personal injuries caused by a private party is generally two years. However, in the case of a public entity/employee a Notice of Claim must be served within 180 days and a lawsuit filed within one year.
You may look up the Statutes of Limitations online at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=12 A.R.S. §12-501 thru 559.
If the injured person is a minor:
- The limitations period does not begin until the minor turns eighteen years of age and ends when “the cause of action accrues” after his/her 18th birthday. A.R.S. §12-502.
If the injured person is of “Unsound Mind”:
- If the injured person is of “unsound mind” or “under eighteen years of age”, then the period of such disability shall not be counted as part of the time for the Statute of Limitations. A.R.S. §12-502. Such person shall have the same time after removal of the disability, which is allowed to others.
If the defendant is outside the state:
- When a person against whom there is a cause of action is not in the state at the time the cause of action accrues or at any time during which the action might have been maintained, such action may be brought against the person after his return to the state. The time of such person’s absence shall not be counted or taken as a part of the time limited by the Statute of Limitations period. A.R.S. §12-501.