The Impact of Arizona’s Statute of Limitations on Accident Claims

Most accident victims aren’t surprised that they don’t have forever to file an accident claim. Generally, accident victims are eager to recover compensation for their damages. Some people even start the claim process the same day the accident occurred. 

While you don’t have to contact the insurance company on your way to the hospital, you also don’t want to put it off. Understanding Arizona’s statute of limitations is something every accident victim should be familiar with because the statute can have a huge impact on your ability to file a claim and recover the compensation that you need and deserve.

Statute of Limitations for Car Accidents in Arizona

Like every other state throughout the country, Arizona has a filing deadline in place for people going after personal injury claims. The reason for the deadline is to help keep cases moving through the legal system. 

The statute of limitations also works to protect accident victims. The longer you wait to file a claim the harder it often is to prove your case. Evidence can become lost, witnesses can move away, and even the at-fault party can be difficult to locate.

Now that you have a better idea of why states have filing deadlines, what’s the statute of limitations in Arizona? According to statute ARS-12-542 you have two years from the date of the accident to file a personal injury claim and go after compensation. If you miss the filing deadline that’s in place, there’s a good chance you can’t recover compensation for any damages you suffered in the accident.

Statute of Limitations in a Wrongful Death Accident Claim

If the accident results in the death of a loved one, you may be able to file a wrongful death claim. Yes, there’s a statute of limitations for filing wrongful death claims. However, before we get into these specifics, it’s a good idea to know if you can file the claim.

Arizona doesn’t allow just anyone to file a wrongful death claim. This rule also applies in all other states. Who can file a wrongful death claim? Wrongful death claims can only be filed by the following:

• Surviving spouse
• Surviving adult children
• Parents of the deceased

If the deceased isn’t survived by the above-listed family members then a sibling may be able to file a wrongful death claim instead. The executor of the deceased’s estate can also file a claim. Any monetary award goes back to the estate, minus the executor’s fees. The court can also appoint an executor to file a wrongful death claim.

A quick note, only one surviving family member can file a wrongful death claim. For example, if the surviving spouse files a claim, the deceased’s parents or children can’t seek compensation for the same individual’s death.

So, how long do you have to file a wrongful death claim in Arizona? The statute of limitations is two years but the clock doesn’t always start ticking on the date of the accident. If the deceased doesn’t immediately perish from their injuries, the statute of limitations doesn’t start until their unfortunate death. In other words, you have a personal injury claim until the accident victim passes away from their injuries.

If you’re wondering if you can file both a personal injury and wrongful death claim for the same individual, the answer is usually no. The injured party can file a claim but this also means they’re starting to recover from their injuries. As a surviving family member, you must wait to file a claim until your loved one has succumbed to their injuries.

Statute of Limitations Against Government Employees/Entities

If you’re injured in an accident involving a government employee or entity the statute of limitations is a little different. You don’t have two years to file an injury claim. Instead, ARS-12-821.01 only gives you 180 days. The clocking starts ticking down on the accident date, so it’s a good idea to get moving on the claim process as soon as possible.

To stop the clock, you only need to file a notice of a claim. This just lets the insurance company know you’re planning on filing a claim for damages. Once you file the notice, you have some time to calculate your damages and gather supporting evidence.

Potential Exemptions to Arizona’s Statute of Limitations for Car Accidents

Even though you typically only have two years after the accident occurred to go ahead and file a personal injury claim Arizona does allow for a few exceptions. One possible exception is the Discovery Rule. This usually applies when an accident victim doesn’t immediately discover their injuries.

An example can be if you have internal bleeding. You may feel fine for a few days after the accident until signs and symptoms start appearing. After your injuries are diagnosed, the clock starts on your statute of limitations. You now have two years from the date your injuries are discovered to file a compensation claim.

Potential Exemptions for Minors

Legally speaking, anyone under the age of 18 is considered a minor and can’t file a personal injury claim. Since minors aren’t allowed to pursue damages after an accident, the statute of limitations is usually paused. The statute kicks back in when the minor turns 18.

The court can step in and allow the minor’s legal guardian, usually a parent, to file an injury claim on their behalf. This can happen when the minor is severely injured and compensation is necessary to cover treatment costs.

However, the court also tends to have a say in how any compensation is used when a claim is filed for a minor. The court usually requires any compensation to be automatically applied to medical care costs and any remaining funds go into an account until the minor turns 18. In other words, parents usually don’t have free rein on how they spend their child’s insurance settlement.

Ensuring You Don’t Miss Any Deadlines

The statute of limitations is a key filing deadline but it’s often not the only one. Throughout the claim process, you’re probably going to have deadlines to meet. 

Missing a deadline can result in an automatic claim denial. To help ensure your claim is moving steadily through the legal process it’s usually a good idea to partner with an experienced accident attorney.