When an individual sustains an injury caused by negligence or intentional actions of someone else, they might seek legal recourse by pursuing a personal injury claim. However, many people do not realize that they have limited time to file a lawsuit in the state of Arizona. This is because of the statute of limitations that defines the time limit within which a victim must file a claim.
In this article, we’ll discuss what the statute of limitations is for personal injury cases in Arizona, what it means for victims, and how it can affect their ability to seek compensation for their injuries.
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Understanding the Statute of Limitations
The statute of limitations is a law that sets a specific time limit within which a victim must file a legal claim. This means that if a plaintiff fails to file a lawsuit within the stipulated time limit, they will lose their right to sue. The statute of limitations exists to ensure that legal disputes are resolved in a timely fashion and that evidence and witnesses are easier to access and remember.
Each state has its own statute of limitations laws, and the time frame typically varies depending on the type of legal claim. In Arizona, the statute of limitations for personal injury cases is outlined in the Arizona Revised Statutes, Section 12-542.
Arizona’s Statute of Limitations for Personal Injury Cases
In Arizona, the time limit for filing a personal injury claim is two years from the date of the accident or injury. This means that victims have two years from the incident that caused their injury to file a lawsuit.
However, there are some exceptions to this rule. For example, if the victim was a minor at the time of the injury, the two-year period starts on their 18th birthday, giving them more time to file a claim. Additionally, if the defendant is a government entity, victims must file a notice of claim within 180 days of the incident.
It is vital to understand that the statute of limitations for personal injury claims does not just apply to lawsuits but also to insurance claims. Insurance companies have their own deadlines that policyholders must meet to file a claim. Failing to comply with the deadlines may result in an insurance company denying the claim.
Why the Statute of Limitations Matters?
The statute of limitations matters for personal injury victims because if they fail to file a lawsuit within the stipulated time, they may not be able to seek compensation for their injuries. This means that they might be responsible for covering expenses associated with their injury, such as medical bills or lost wages, out of their own pockets.
In addition, waiting too long to file a claim can negatively impact the case’s chances of success. As time passes, memories fade, physical evidence may disappear, and witnesses may become harder to identify or locate. By filing a claim as soon as possible, victims give themselves more time to build a strong case and increase their chances of receiving a fair settlement.
Conclusion
The statute of limitations is an essential aspect of personal injury law that victims must understand if they intend to pursue legal action against those responsible for their injuries. In Arizona, the statute of limitations for personal injury cases is two years from the date of the incident, and several exceptions exist, including for minors and government entities. Being aware of the statutory limitations and taking action promptly can help protect your legal rights and ensure you receive adequate compensation for any harm you suffered. Therefore, if you have been injured, we recommend that you contact a personal injury attorney to discuss your case and ensure that you do not miss any important deadlines.