Arizona Statute of Limitations
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What is the Arizona Statute of Limitations?
The statute of limitations is deadline set by the law that requires somebody who has a personal injury or wrongful death claim in Arizona to file their lawsuit or settle their case prior to the deadline or they lose all of their rights. It is because of a statute of limitations that it can be so important to contact an experienced personal injury lawyer as soon as possible. It is not necessarily important to retain or hire a personal injury lawyer immediately. However, it is vital to make sure that no deadlines are missed that prevent somebody from bringing an otherwise valid claim.
Personal injury deadlines and statute of limitations vary depending upon the person, the situation, and the case. Believe it or not, some deadlines are less than six months after the date of an injury. If there is a claim that has to be made against an Arizona public employee, state, city, county, school board, or other public entity or employee of a public entity, the time deadline is 180 days from the date of the incident. However, it is actually much worse than that. Within a 180 days the claim has to be documented, the proper paperwork has to be completed, and that paperwork must actually be served on the appropriate parties. Sometimes, it can be difficult to know whether or not there is a claim against a public entity in addition to claims against private parties. Hiring a lawyer immediately can be vital.
Most Arizona car accident cases have a two year statute of limitations. However, there can be exceptions that reduce the amount of time in which a claim can be brought. In addition, there is also a rule known as the discovery rule. This rule would extend the timeframe of the statute of limitations – the time in which a claim could be filed – if the person who was injured could not reasonably have been in a position to have already known of the injury or potentially have known of the person who caused their injury in spite of reasonable diligence to make that determination.
When it comes to children, the issues become even more complicated. On the one hand, the statute of limitations does not begin to run against children until the time they turn 18. On the other hand, certain claims – such as medical expenses – can sometimes be lost if the claim is not filed within the applicable statute of limitations time period.
The statute of limitations deadlines are non-negotiable. They are not something that ought to be ignored. It is vital to contact an Arizona personal injury lawyer immediately to make sure that those deadlines are not being missed.
