If you’ve suffered an injury in an Arizona car crash, you may be wondering, “How long after an accident can I claim injury?” The answer isn’t always cut and dry. In Arizona, the statute of limitations is two years from the date of your injury from the car accident. What that means generally, is: 1) that you must resolve/settle by full and final release – your injury claims with the at-fault insured/insurer within two years from the date of loss; OR, if you do not and/or are not able to resolve the claim before two-year statute of limitations = you MUST FILE LAWSUIT to protect your claim, within and before the two-year statute of limitations runs out (failure to do so will result in your claim for injury damages being time-barred and lost FOREVER). However, exceptions exist, and the law can be complex to navigate without legal guidance.
With over 25 years of experience, Jeff GOULD Law is the Attorney in YOUR Corner. Our extensive experience and knowledge in personal injury law ensures that you have the best guidance to make informed decisions about your legal rights after an accident. If you’ve been injured, we can provide the support and guidance necessary to protect your rights and seek the compensation you deserve for your injuries, medical bills, lost income, pain, and suffering.
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Understanding the Statute of Limitations
Awareness of the statute of limitations is crucial for anyone involved in a car accident. It’s not just a legal term, but a key factor that can significantly impact your case. Being well-informed about this can help you make the right decisions and be prepared for the legal process.
Every state has established statutes of limitations for filing legal actions. These deadlines have been set for both claimant’s and defendant’s protection. For the claimant, waiting too long could mean a loss of evidence or fading recollection from witnesses. Crucial evidence in a car accident claim can include police reports, medical records, photographs of the accident scene and your injuries, and witness statements.
Where the defendant is concerned, the statute of limitations prevents them from having to live life worrying about the possibility of being sued, beyond the statute of limitations deadline for something that happened long ago.
As we said above, the typical statute of limitations in the state of Arizona is two years. However, moving quickly is best. The longer you wait, the harder it becomes to build a strong case, and it could prevent you from recovering the compensation you deserve.
Exceptions to the Arizona Statute of Limitations
The statute of limitations for Arizona car accident claims has a few exceptions, which are detailed below. These exceptions, such as the Discovery Rule and the rule for Child Victims, are important for you to know as they can extend the deadline for filing your claim.
The Discovery Rule
The Arizona statute of limitations can be tolled if you did not discover your injuries until a later date after your accident. For this exception to apply, your injury must not have been discovered until later, and you MUST prove that it should not reasonably have been discovered until later. In this instance, the deadline clock will not start until you find out about your injury or reasonably should have discovered it.
Child Victims – Minors Under the Age of 18
Another exception that can toll the statute of limitations occurs when the accident victim is a minor under 18. In cases involving children, the deadline clock will be tolled and not start until the victim turns 18. They will then have two years to file a car accident claim for the losses suffered. For example, if a child is injured in an accident at age 12, they will have until age 20 to file a lawsuit. This exception is allowed because children are not considered competent to file lawsuits.
Claims Against Government Entities
If your Arizona accident involved a government employee or a government vehicle, you may need to file a claim against a government entity like a city, county, or state. It’s important to note that in Arizona, Government-involved cases have different requirements and deadlines that apply. Under ARS 12-821.01, people who are injured by governmental employees must file a Notice of Claim with the responsible agency no later than 180 days after the accident happens. If you miss this short window, you may lose your right to compensation entirely.
Government claims often involve complicated procedures that must be followed precisely. For instance, you cannot file a lawsuit without first filing a Notice of Intent and Claim with the appropriate agency, municipality, or other public entity. Furthermore, each agency and county in Arizona might have specific rules and forms. This is why speaking with an experienced personal injury lawyer immediately is especially important if a government entity may be liable for your crash. An attorney can determine the specific deadlines and requirements that apply to ensure your rights are protected.
Insurance Claims vs. Lawsuits
When facing the aftermath of an accident, it’s essential to understand the difference between insurance claims and lawsuits. After a car accident, you typically file a claim with the at-fault driver’s insurance company or your own if they were uninsured/underinsured. There are a few reasons why pursuing an insurance claim first often makes sense:
Most Accidents Settle Through Insurance Without a Lawsuit
Insurance settlements resolve most car accident injury claims without requiring a formal lawsuit. This is generally good news for injured victims, as reaching an insurance settlement is almost always faster and easier than going to court. With a lawsuit, getting a trial date set can take a year or more, and complex cases can drag on for years. In contrast, most insurance claims settle within a few months.
Of course, some insurance companies still drag their feet, especially in cases involving severe injuries. They may request excessive documentation, hoping to wear you down and get you to accept less. But even if the process takes longer than expected, it’s almost certainly still faster than litigation.
Reaching a quick settlement is often ideal for accident victims. The sooner you have money, the sooner you can pay your medical bills, cover your lost income, and get your life back to normal. You also avoid the stress of depositions, court appearances, and drawn-out proceedings.
However, settling too quickly can be a mistake if you still require treatment for your injuries. Once you accept an insurance offer, you typically can’t reopen your claim if you need more care. An experienced personal injury attorney can advise you on the right time to settle to ensure all your damages are covered.
Don’t Accept the First Offer
After an accident, the at-fault party’s insurance company may immediately contact you with a fast settlement offer. As tempting as it may be to take the money and move on, this is rarely in your best interest. Insurers profit by paying out as little as possible, and their initial offer is likely to be far lower than what you are entitled to. If you need ongoing treatment, surgeries, or extended time off work you hadn’t anticipated, once you’ve settled, you waive your right to further compensation, and you’ll be on the hook for those expenses. Before accepting any offer, consult a personal injury lawyer to ensure it’s fair based on your injuries and to understand the potential long-term consequences of accepting the offer.
Negotiating with Insurers
Insurance companies have been known to use delay tactics and take weeks or months to respond to your claim, hoping you’ll get frustrated and go away. Other tactics include twisting your words against you, claiming they can prove the accident was your fault, requesting full access to your medical history, or seeking to blame your injuries on pre-existing conditions.
Aggressive insurers may even resort to bullying in an attempt to pressure you into accepting an unfairly low offer because they know you’re vulnerable.
You should never provide a recorded statement to the at-fault insured’s insurer. Instead, politely decline to discuss the specifics of your situation and refer them to your personal injury attorney. A good lawyer levels the playing field. Insurers can’t bully someone who knows the law and isn’t afraid to sue. Your attorney can submit evidence proving the seriousness of your injuries and handle all negotiations on your behalf, ensuring you receive a fair settlement.
The Option to File a Lawsuit if Insurance Negotiations Fail
Experienced attorneys know how to build a case that proves your right to substantial compensation. In most instances, this is enough to convince the insurer to settle. However, if the insurance company refuses to make a reasonable offer, you may need to file a lawsuit to get the compensation you deserve. This is one of the most important reasons to have an attorney like Jeff GOULD Law, the Attorney in YOUR Corner.
Insurance companies are in the business of making money, and they tend to prioritize profits over people. Knowing that unrepresented individuals may not understand the full value of their claim or the legal process for suing, they are far more likely to lowball victims who represent themselves.
In contrast, insurers tend to make better offers to claimants with an attorney from the start, knowing that your lawyer can file a lawsuit if negotiations fail. They also know that a jury may award you far more than they offer if the case goes to trial. Often, insurers would rather settle with fair compensation than take that risk.
Additionally, depending on the nature of your case, filing a lawsuit may be advisable even if the insurer does make a reasonable offer. For example, if your injuries are severe and require lifelong care, you may need a structured settlement that pays your anticipated expenses. Insurers rarely agree to lifetime payouts without the pressure of litigation.
Notifying the insurance company right after the accident is the best approach to protecting your ability to get a settlement or sue if necessary. Having a personal injury attorney handle communications will ensure your claim is filed correctly and on time.
When You Can’t Avoid Suing
Unfortunately, insurance companies don’t always play fair, even when you have a lawyer. If the adjuster doesn’t budge from a lowball offer, you may have no choice but to file a lawsuit before time runs out. An experienced attorney like Jeff GOULD Law, the Attorney in YOUR Corner, can assist you in deciding if suing is advisable.
It’s important to note that filing a lawsuit doesn’t guarantee you’ll appear before a judge and jury. Most personal injury lawsuits settle before trial, but you should still be prepared for that possibility. Sometimes, putting the lawsuit together and entering the discovery phase is enough for insurers to get reasonable. They know a jury might award you far more at trial if the case doesn’t settle. Most will rather reach a fair agreement than take that risk.
However, if the insurance company still refuses to make an acceptable offer, going to court may be your only option for obtaining the compensation you need to regain your health and rebuild your life.
Call a Personal Injury Attorney Today
Were you or a loved one recently injured in an accident in the Oro Valley, Marana, or Tucson area? Don’t go through the legal process alone or get taken advantage of by an insurance company. You need an experienced attorney like Jeff GOULD Law, the Attorney in YOUR Corner, to fight for the maximum compensation you deserve.
Don’t DELAY: Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.