Arizona Personal Injury Statute of Limitations

The statute of limitations for personal injury & accidents in Arizona is two (2) years (Ref: Ariz. Rev. Stat. § 12-542). 

What this means is that you (or your attorney) must file a lawsuit against a defendant within two years of the date of your accident. If you do not file a lawsuit within two years, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration or trial. 

Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the Arizona Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to an Arizona personal injury lawyer to discuss your claim and potential recovery.

Variations on Time Limits for Filing a Lawsuit in Arizona

There are some variations & exceptions to the 2 years statute of limitations on personal injury cases in Arizona. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law. 

• If the injured person was under the age of 18 or was "of unsound mind" at the time of the underlying accident, the two-year statute of limitations "clock" won't start running until the legal disability is "removed" (meaning the person turns 18 or regains his/her proper mental capacity). 
• If the person who allegedly caused the plaintiff's injuries leaves the state of Arizona after the accident, but before the personal injury lawsuit can be filed, the period of absence likely won't be counted as part of the two-year statute of limitations period (the "clock" is paused while the defendant is out of the state, in other words)

What if You Miss the Deadline to File a Lawsuit?

If you miss the deadline to file a lawsuit and the Arizona statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed). 

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