Time is not always on your side, especially when it comes to personal injury claims. If you’ve been injured in an accident, you may be asking: “How long do I have to file a personal injury claim?” Or, “How long do I have to file a personal injury lawsuit?” The answer could determine whether or not you receive compensation or lose your rights entirely.
With over 25 years of experience, Jeff GOULD Law. PC is the Attorney in YOUR Corner. We help Arizona injury victims understand their legal timelines, avoid costly mistakes, and fight for the full compensation they are entitled to.
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Why Statutes of Limitations Matter
The statute of limitations is the legal deadline for filing a lawsuit. In Arizona personal injury cases, this timeline generally begins on the date of your injury – or, in some rare cases, the date you discovered the injury.
Failing to take action before the deadline passes means you lose your right to seek compensation, no matter how valid your claim may be. Courts do not allow late filings, and insurance companies have no obligation to negotiate once your time runs out.
The Standard Arizona Statute of Limitations
Arizona has long enforced the 2-year statute of limitations for most personal injury cases, as outlined in Arizona Revised Statutes § 12-542. Under the statute, most personal injury victims generally have 2-years from the date of their injury to:
- Settle their claim with the insurance company, or
- File a formal lawsuit to preserve their right to compensation
However, recent legal shifts and stricter interpretations by Arizona courts and lawmakers mean that those deadlines are being enforced more rigidly than ever. Fewer exceptions are being granted for delayed discovery or extenuating circumstances, and missing a filing deadline – even by one day — can result in your claim being time-barred and dismissed permanently.
This stricter interpretation makes it more critical than ever for injury victims to act quickly. Missing deadlines could mean losing your right to compensation entirely. That’s why it’s so important to act fast, gather documentation, and speak with an experienced attorney long before the deadline approaches.
Arizona Courts Are Strictly Enforcing These Deadlines
While the law itself hasn’t changed, Arizona courts have become increasingly strict in their interpretation and application of these statutes. Courts have shown less willingness to grant leniency, even in cases with strong evidence or sympathetic facts.
This shift means that missing the deadline or misunderstanding when the clock started can cost you your entire case. Insurance companies are aware of this and may delay negotiations until the deadline passes, leaving you without recourse.
Common Pitfalls That Can Cost You Your Case
Even well-meaning victims can lose their right to compensation by falling into these common traps:
- Waiting too long to seek treatment or file a claim
- Failing to confirm the correct date of loss or injury
- Assuming the insurance company will “let you know” before time runs out
- Believing that starting a claim (without filing a lawsuit) is enough
- Missing deadlines for claims against government entities (only 180 days!)
Exceptions to Arizona’s Standard Statute of Limitations
Though strict, the law does allow a few key exceptions, but they are narrow and must be properly documented:
1. The Discovery Rule
If your injury wasn’t immediately apparent, the clock may start when you discovered – or reasonably should have discovered – the harm. This applies to internal injuries or delayed-onset conditions, but must be proven with evidence.
2. Minors Under 18
If the injured party is a child, the two-year window doesn’t begin until their 18th birthday. This allows them until age 20 to file a lawsuit on their behalf for their claim.
3. Claims Against Government Entities
Claims involving a city, county, or state agency have far shorter deadlines:
- You must file a Notice of Claim within 180 days of the incident
- A formal lawsuit must be filed within 1 year
These claims are subject to very specific procedures under A.R.S. § 12-821.01, and missing a step can forfeit your claim.
Insurance Claims vs. Lawsuits: Don’t Confuse the Two
It’s a common mistake to assume that simply filing an insurance claim will protect your rights. But unless you reach a final settlement or file a lawsuit before the 2-year deadline, you may still lose your right to compensation.
Insurance companies often stall negotiations, hoping you’ll run out of time. If they offer a settlement close to the deadline, you may feel pressured to accept a low offer to avoid getting nothing. That’s exactly why it’s critical to involve an attorney early.
Don’t Wait Until the Deadline Is Near
It’s not enough to simply know your deadline — you need to act early, plan strategically, and ensure you have time to build a strong case. Evidence disappears. Witnesses forget. And insurers take advantage of delays. That’s where Jeff GOULD Law can help.
If you’ve been injured in a car accident, slip-and-fall, dog bite, or any other incident, don’t risk your claim by waiting too long. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more – but only if you act within the legal timeframe.
At Jeff GOULD Law, we help injury victims across Oro Valley, Marana, and Tucson understand their rights, accurately calculate deadlines, and preserve their claims. We’ll handle the legal process while you focus on healing. Don’t let a missed deadline cost you everything.
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.