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After a car accident or slip and fall at work, you may be tempted to wait before you file your personal injury claim until you’ve recovered from the incident. However, time is of the essence when it comes to personal injury claims, and more hurdles could appear the longer you wait.
In Arizona, personal injury victims have a set deadline to file their claim by, known as the statute of limitations. This deadline can vary depending on the type of accident, but failure to file your claim on time can result in lost compensation.
How long do you have to file a personal injury claim? The Shapiro Law Team is here to clear the air and set things straight. We’ll go over the statute of limitations in Arizona, how it fluctuates depending on the type of case, and why timing is crucial when you begin the filing process.
In Arizona, the personal injury statute of limitations is outlined in the state legislature 12-542. In short, personal injury victims have a set deadline to file their claim or risk losing their compensation opportunity.
This law is in place to prevent people from attempting to claim damages or injuries years after a supposed incident.
This legislature is also in place to ensure that victims receive their rightful compensation. Evidence is most readily available immediately after an incident, so you can get a better outcome the sooner you file.
Arizona enforces this law strictly. If you’re even a day past the deadline, you lose your chances at earning financial compensation. This can leave you with a pile of medical bills and other expenses with no financial aid.
The Arizona statute of limitations for a personal injury case can vary depending on the specifics of the incident. However, the standard time frame is 2 years from the date of the incident. This 2-year countdown often starts on the exact date of the incident.
To be more specific, ARS 12-542 states that legal claims after a personal injury “shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward.”
In a few very specific instances, you may be able to get an extended timeframe to file your personal injury claim. It’s important to note that these exceptions are quite narrow and fact-specific, so you’ll need substantial evidence or factual information to qualify for them.
The first of these exceptions is the Discovery Rule, where a personal injury victim doesn’t know they’re injured until after the date of the accident.
A person may get into a car accident but not realize their wrist is sprained until two weeks later. In this case, the 2-year countdown would begin on the day the injuries were discovered.
For accidents involving a minor, their legal clock starts when they turn 18 years old. In addition, victims who experience mental incompetence or incapacitation can have an extended statute of limitations.
Certain personal injury claims have a shorter deadline than the standard 2 years. For example, dog bite victims have only 1 year from the date of the incident to file their claim. These incidents are subject to strict liability rulings, which result in a shorter timeframe for filing.
Other claims that have shorter deadlines are claims against government agencies. This is because there is an additional step between the date of the accident and filing your personal injury claim.
Victims must file a Notice of Claim within 180 days of the incident, and this form lets the agency know you intend to file against them. From there, you must file a formal lawsuit shortly after the agency receives this notice.
Product liability claims must be filed within 2 years of the injury date. However, victims can’t file a claim if the incident happened more than 12 years after the first sale of the product.
The only exception to this 12-year rule is instances where the injury was directly caused by the seller’s or manufacturer’s negligence.
For these cases, there’s a distinct difference between a faulty product and manufacturer negligence. In instances where the product is defective with no seller negligence, strict liability claims hold the manufacturer liable.
However, cases involving direct negligence from the seller or manufacturer mean either party knowingly cut corners or sold faulty products that directly led to the injuries.
While you have around 2 years to file your claim, you should avoid delays as much as possible. The longer you wait, the more difficult it will be to build a strong case and earn your rightful compensation.
Over time, you run the risk of losing evidence, such as witnesses. A person’s recollection of the event can get foggy over time, and they can start to forget vital pieces of information.
Insurance negotiations can also weaken the longer you wait. Companies will try to make the argument that the damages must not have been that bad since there’s a significant gap between the date of the incident and when you officially filed the claim.
Acting fast can help you preserve documents such as injury reports and maintain eyewitness accounts. The stronger your evidence, the stronger your case, and the more compensation you will potentially receive.
Dealing with insurance companies on your own with no support can limit the compensation you can earn. A personal injury lawyer, such as the Shapiro Law Team, will walk with you every step of the way and guide you through the legal process.
Our team will handle the investigations and help preserve evidence. Not only that, but we’ll handle all communications with the insurance companies for you, so that you can focus on your recovery. We’ll make sure everything is taken care of and deadlines are met to secure the maximum compensation available for your injury.
Knowing there’s a countdown to file a claim after a terrifying accident can feel overwhelming, but our attorneys at Shapiro Law Team are here to help. We’ll work alongside you to make sure all of your paperwork is in order and filed on time so you can earn your compensation.
We’re your Arizona personal injury claim experts. Give us a call or visit our website to schedule a no-obligation, free consultation for your case.
Our firm operates on a contingency fee basis, meaning you won’t have to pay us any legal fees unless we successfully resolve your case.