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Imagine you’re driving home from work after a long day, and you get rear-ended at an intersection. Not only is it a headache to take care of the immediate concerns, such as pulling over and exchanging information, but you also have to deal with insurance companies and try to file a claim. However, it’s important to understand the Arizona statute of limitations in a car accident case.
You may think to wait a bit before filing so all these responsibilities don’t pile on top of each other, but this may not be the best call. In Arizona, you have a deadline to file a claim and earn compensation, and this deadline is referred to as a statute of limitations. The sooner you file your claim, the sooner you can earn your compensation and move past the incident.
If this sounds confusing, don’t worry! Shapiro Law Team is here to provide insight into the Arizona statute of limitations for a car accident. We’ll go over the basics of what these laws mean and why this matters when you file a claim.
As mentioned earlier, the statute of limitations is a deadline for Arizona residents to file a claim and receive compensation. The longer you wait, the fewer odds you have of earning compensation. If you wait until it’s past the deadline, the odds of it going through are slim to none. This rule is in place to prevent individuals from attempting to file a claim for an incident that happened decades ago.
According to Article 12-542 of the Arizona Revised Statutes, the statute of limitations for an Arizona car accident is 2 years from the date of the accident. This standard applies to personal injury claims as well as wrongful death claims.
While 2 years is the general rule of thumb for filing a claim in the state of Arizona, there are a handful of exceptions to the rule. Extenuating circumstances may prevent a car accident victim from being able to file a claim within that 2-year window, and the state took that into account when creating these exceptions.
The three main exceptions to Arizona’s 2-year statute of limitations include:
Most injuries after a car accident are relatively obvious and need immediate medical care. A broken arm, laceration, or head injury has clear symptoms that the victim is aware of immediately after the accident. Quick medical care takes care of these issues, and you can file a claim for the damages right away.
However, some injuries don’t become noticeable until later on. Internal damage could be missed for weeks or months after the accident, and the victim may not know they need to file a claim until months later.
For this reason, the 2-year statute of limitations countdown begins when the victim becomes aware of or discovers injuries or damages caused by the accident. There needs to be ample proof that the injuries were caused by the accident and that the victim was unaware of them up until the discovery time.
If a minor was involved in an accident before they turned 18 years old, their statute of limitations doesn’t start on the date of the accident. Their 2-year countdown doesn’t begin until the individual turns 18 years old.
Why is this the case? A child under the age of 18 cannot legally represent themselves in a court of law. They also cannot enter into any legally binding contracts when they’re underage. For these reasons, a minor cannot file a personal injury claim after a car accident until they’re 18. To account for this fact, the statute of limitations for a car accident starts at the same time they’re legally able to file the claim for themselves.
You may find yourself in a car accident involving a government employee while they’re on the clock. These instances are a little trickier to navigate, as there are additional laws in place for individuals who work for the government or a government agency such as a university.
If you’re attempting to file a claim against a government business or agency, the statute of limitations is a little murkier. According to Article 12-821.01 of the Arizona Revised Statutes, individuals who wish to file a claim must first file a notice of claim within 180 days of the accident. This essentially lets the agency know that you intend to file a claim against them.
The agency then has 60 days to accept or deny the claim. If they deny it, you have the opportunity to file a car accident claim in court. Each government agency may have its own strict rules and procedures for filing a claim, so you must research ahead of time and tread carefully as you file.
All this talk of deadlines and exceptions can start to feel overwhelming, but these rules are in place for a reason. They’re not meant to make the process more stressful—the idea is to encourage people to file their claims sooner rather than later.
Evidence such as eyewitness testimonies can start to degrade over time and weaken your case. The longer you wait to file, the weaker your evidence can become in the eyes of the legal system. Building your case early and filing an official claim preserves your evidence and keeps your case strong. A stronger case means better compensation.
This is why the state is strict with these statute of limitations rules. If you miss the deadline and still try to file a claim, the odds of a court accepting it are slim to none. The most likely outcome is that they’ll dismiss your case and you won’t be able to earn any compensation.
As you navigate the legal system and work to file your claim, you want all the help you can get. In some cases, one wrong move can jeopardize your chance of earning compensation, and you may not know it until it’s too late.
Working with an Arizona lawyer who specializes in car accident cases can make the whole process smoother and get you the maximum compensation available. Attorneys like Shapiro Law Team have years of experience and education, and they have been trained in the art of legal negotiations. They can help you navigate the statute of limitations exceptions and ensure you meet all your legal deadlines.
When you file a personal injury claim after a car accident, you have a deadline to do so. The general deadline is 2 years after the date of the accident, but there are exceptions to this rule. While you can wait as long as you want within those 2 years, it’s in your best interest to file the claim as soon as possible. This ensures your case is strong and you get the maximum compensation available.
If you need dependable legal help in the Phoenix Valley area, Shapiro Law Team is here to help. Our team of expert car accident attorneys has years of experience fighting for client rights and ensuring you get the maximum compensation you deserve after a traumatic event. Our client-centered approach ensures your case is treated with the compassion and respect it deserves, and we’ll walk with you every step of the way.
Our team works on a contingency fee basis, meaning you don’t pay us a penny unless we win your case! Contact the Shapiro Law Team in Arizona today to schedule a free consultation with one of our lawyers.