How Long Do I Have to File a Lawsuit After a Car Accident in Arizona?

Arizona, like the other US states, has specific time limits called statutes of limitations that determine when car accident victims must file their lawsuits. Generally, you cannot proceed with your claim even if you have a case with perfect liability – if you file your claim after the statute of limitations expires. You also cannot proceed with your claim even if you notified the insurance carrier for the defendants and/or your own insurance carrier before the statute of limitations – and even if you were trying to settle the claim. You or your lawyer must file the car accident claim in state or federal court before the statute of limitations deadline unless you formally settle your claim.

What is the Arizona statute of limitations for car accident lawsuits?

Arizona law provides that the statute of limitations for all personal injury claims and all wrongful death claims – due to car accidents or other causes – is two years from the date the cause of action begins.

The cause of action begins when the injury takes place – basically, this means when the car accident occurs. Please understand that you must file your car accident lawsuit before the two years expire. For example, if you are in a car accident on January 15, 2025, the cause of action begins on January 15, 2025. You must file your claim by January 14, 2027. If you file your claim on January 15, 2027, your claim will be barred.

Our experienced car accident lawyers represent drivers, passengers, pedestrians, and bicycle riders suffering injuries from a car accident. For these victims, the two-year statute of limitations generally starts with the accident date.

We also represent families when a loved one dies due to a car accident. The statute of limitations begins on the date of the accident if your loved one died on the date of the accident. If your loved one lived for a day, a few days, weeks, or even months before succumbing to their injuries, the cause of action date generally begins on the date your loved one died.

What are the time requirements if the defendant is a governmental entity or agency?

Some accidents in Phoenix, Tempe, or other parts of Arizona are due to the negligence of the entities and agencies responsible for the design and maintenance of the roads. If your accident was due to the failure of the Arizona Department of Transportation (AZDOT) to install and maintain red lights at heavily traveled intersections, for example, then you may have a claim against AZDOT. Other governmental agencies that may be responsible for your accident include the state of Arizona, Maricopa County, the city of Phoenix, the city of Tempe, other state subdivisions, or other state or local agencies.

If you have a car accident claim against one of these governmental entities or agencies, you have a duty to notify the entity/agency. Generally, you must file a proper Notice of Claim with the state entity or agency you believe is responsible for your car accident within 180 days from the date of the car accident.

Our experienced car accident lawyers understand how to prepare and file the Notice of Claim. The Notice of Claim must include enough facts to permit the governmental entity/agency to assess their liability, facts supporting the damage claim, and a specific settlement demand amount.

Please also know that you must still file a lawsuit after you/we file a Notice of Claim. The statute of limitations timeline for car accident claims against public entities/agencies may be shorter than two years, depending on who the defendant is. It’s best to contact us now.

Can the statute of limitations for car accident claims be extended?

Generally, the cause of action for a minor plaintiff begins when the minor turns 18. You should not wait. Our personal injury lawyers represent minor children.

It may be possible to extend the time limit if the injuries were not reasonably discovered or discoverable. Again, don’t wait, and do not assume any extension applies. Contact us as soon as possible.

Why you should contact an experienced Phoenix car accident lawyer as soon as possible after a car accident

There are many practical reasons why you should not wait until the statute of limitations deadline to file your claim. You should seek legal counsel as soon as possible after a car accident for many reasons, including the following:

• It is best to speak with you and the witnesses while everyone’s memory is fresh. Every detail, such as how fast each car was traveling, what each driver was doing before the accident, and whether there is any reason to believe the other driver was distracted, is critical to the success of your claim. These details fade with each passing day.
• It is best to examine the accident site before any repairs or improvements. Our investigators will examine the accident site to determine the number of lanes, the speed limits, any visibility issues, and many other factors that may determine who is liable for the accident. We may also need to examine defective parts of a car.
• The sooner you speak with us, the sooner we can help you. Timely help includes answering all your questions and reviewing what happened. We need to review which doctors are treating you to ensure you’re seeing the doctors who can best help you. Our lawyers can explain what medical coverage, such as your own health insurance, can pay for your healthcare until your case is resolved.
• It is best to examine the damage to your car and any other cars involved in the accident before any vehicle repairs. The location and severity of the damage may indicate who is responsible for the damage caused in a car accident.
• The sooner we meet with you, the sooner we can identify all the defendants. In some cases, other defendants besides the driver may be responsible. For example, the employer of a driver may be liable. We need time to identify that employer.
• Preparation time can cause delays. It takes some time to prepare the formal complaint, have you review and sign it, and file the complaint with the local courthouse.
• The sooner we speak with you, the sooner we begin to negotiate with the insurance companies. Some claims can be settled before there is a formal lawsuit. We often begin to negotiate with the insurance companies after the status of your medical condition stabilizes.

At Plattner Verderame, P.C., our lawyers have over 30 years of experience fighting for car accident victims. We represent accident victims who suffer catastrophic, permanent, chronic, and serious injuries. Our Phoenix and Tempe car accident lawyers also represent families when deaths occur. Every partner is certified by the Arizona State Bar as a Specialist in Personal Injury and Wrongful Death Litigation. Don’t wait. We’re ready to fight for you today. Please call us or contact us today to schedule a free consultation. We handle accident cases on a contingency fee basis, which means we only get paid if your case is resolved favorably.