What Is the Statute of Limitations on a Personal Injury Claim?

At Plattner Verderame, P.C., we handle a broad range of personal injury claims. These claims include car, truck, motorcycle, and other vehicle accidents. We also handle premises liability claims, wrongful death claims, lawsuits against nursing homes, defective product litigation, birth injury medical malpractice, and aviation lawsuits.

One factor that all personal injury claims have in common is that you must file your claim promptly. Arizona law, called the statute of limitations, requires that you file your claim within a specific period. If you do not file your personal injury claim within the statute of limitations, your claim will be barred – you will not receive any damages, no matter how strong your claim is.

Arizona’s statute of limitations for personal injury claims

Arizona law, 12-542, provides a two-year statute of limitation for:

• Personal injury claims that cause injury to another person
• Medical malpractice claims
• Wrongful death claims

If you have any type of personal injury claim, you must file a lawsuit in the appropriate superior state court or appropriate federal court within two years from the date the action accrues. Generally, your cause of action accrues on the date the accident, such as a car accident or a slip and fall accident occurs.

The accrual date for a wrongful death claim typically begins on the date of death of your loved one – provided the negligent conduct or accident is the cause of death. The accrual date for claims involving minors generally starts when the minor turns 18. The accrual date for some claims may be extended if the injuries are not discoverable (or reasonably discoverable) until after the date of the negligent or faulty conduct.

It is best not to wait until the statute of limitations is set to expire or to rely on an extension of the accrual date. There are many practical reasons why you should seek legal help immediately. Prompt consultations help preserve your right to file a complaint and help strengthen your case.

Please know that notifying your insurance or the insurance companies for the defendants is insufficient to meet the statute of limitations deadline.

Dog bite claims: beware of the one-year time limit

Some cases might have shorter time limits to file. For instance, in the case of dog bites, you must typically file within one year. The reason for this is that there is a statute that imposes strict liability for dog bites. Strict liability claims do not require that the injured person prove the defendant was negligent in order to recover damages. However, to apply that statute to the claim, you need to file within the one-year limit that is included in that statute.

Exceptions like this, which can shorten the period of time you have to file, make it extremely important that you speak with an attorney as soon as possible.

What is the Arizona statute of limitations for product liability lawsuits?

Arizona’s statute of limitations for product liability claims is generally two years from the date of accident due to a defective product – “except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.”

Product liability claims in Arizona include negligence and warranty claims. They may also include strict liability claims in which the manufacturer or seller can be held liable if a defective product causes an accident that causes injuries. “Strict” liability means there is no need to prove negligence – just that the product was defective (defective design, manufacture, or warnings) and the defect is the cause of the victim’s injuries.

What is the Arizona statute of limitations for birth injury lawsuits?

A birth injury lawsuit is a medical malpractice lawsuit that causes harm to a newborn during their delivery or their prenatal or post-delivery care. We file birth injury claims against obstetricians, midwives, hospitals, nurses, anesthesiologists, and any other responsible licensed healthcare providers.

Arizona defines a medical malpractice action as “an action for injury or death against a licensed health care provider based upon such provider’s alleged negligence, misconduct, errors or omissions, or breach of contract in the rendering of health care, medical services, nursing services or other health-related services…”

Generally, you must file a medical malpractice claim in Arizona within two years from the delivery date. As we discussed above, the time for filing may be extended if the parents could not reasonably discover their child’s birth injury until after the delivery – and the claim can also be extended until two years from the time your newborn turns 18.

What time limits apply if the defendant is a governmental entity or agency?

Some accidents in Phoenix, Tempe, are due to negligence by state, county, city, or legal entities such as agencies such as the Arizona Department of Transportation (AZDOT). If you have a claim against one of these entities/agencies, you must file a proper Notice of Claim with the responsible party within 180 days from the date of the car accident. The Notice of Claim must include a settlement demand for a specific amount, facts to support your claim, and reasons why the governmental entity/agency is liable. You do need to follow up the Notice with an actual lawsuit. We can explain when you must file the lawsuit.

Practical reasons for contacting an experienced Phoenix personal injury lawyer as soon as possible

It’s not just enough to protect your legal claim. You want to make your case as strong as possible. A prompt consultation helps in the following ways:

• We can talk to you and everyone with knowledge of your accident while your/their memories are fresh.
• We can examine the accident site, products, vehicles, and other property damage before any repairs or changes are made.
• We can help you by answering your questions, reviewing your medical needs, negotiating with the insurance companies, and starting your lawsuit with plenty of time to spare.
• Our personal injury lawyers can identify the responsible parties and notify their insurance carriers.

At Plattner Verderame, P.C., our attorneys have 30-plus years of experience filing personal injury claims, negotiating lawsuits, and arguing cases before juries. Our partners are certified by the Arizona State Bar as specialists in Personal Injury and Wrongful Death Litigation. Don’t wait. Please call us or contact us now to schedule a free consultation. We handle accident cases on a contingency fee basis,