Arizona Personal Injury Statute of Limitations: How Long Do You Have?

In Arizona, most personal injury lawsuits must be filed within 2 years. If a city, county, state agency, public school, or government employee caused your injury, the deadlines are much shorter: generally 180 days to file a notice of claim and 1 year to file the lawsuit. That is the Arizona personal injury statute of limitations in a nutshell. Wrongful death, injuries to children, and insurance policies each have their own timing rules. Miss a deadline and your claim can be barred for good. Here is how each one works.

The short answer: 2 years, with exceptions

Under Arizona law, an injury lawsuit generally must be filed within 2 years after the "cause of action accrues" (A.R.S. § 12-542). In plain terms, that is the point when the law says your claim exists and the clock begins to run.

Two years sounds like a long time. It isn't. Medical treatment, recovery, and back-and-forth with the insurance company can eat up months before you know it. The insurer knows the calendar too. It has no reason to remind you.

The 2-year rule has important exceptions:

• Claims against the government. A 180-day notice of claim and a 1-year lawsuit deadline generally apply.
• Wrongful death. The claim is considered to accrue at the date of death.
• Minors. The clock is generally paused until the child turns 18.
• Insurance policies. Your own policy may set its own notice and claim deadlines.
• Some statutory claims. Certain claims created by statute have a shorter, 1-year deadline (A.R.S. § 12-541).

Each one is covered below.

When the clock starts

The deadline runs from when your claim "accrues." That is not the day you first talk to a lawyer or the day you finish treatment.

For many injuries, like a car crash or a dog bite, you know right away that you were hurt and what caused it. When the injury or its cause shows up later, the exact start date can become a legal question.

For claims against a public entity, Arizona law spells out the rule. The claim accrues when the injured person realizes they have been damaged and knows, or reasonably should know, the cause (A.R.S. § 12-821.01(B)).

The safest approach is simple. Treat the date you were hurt as day one. Don't count on a later start date to save a late claim.

Need help? Not sure which deadline applies to you? Call Kent Law at (480) 359-KENT for a free case review. We'll look at your dates and what happened, and explain your options. No fee unless we win.

Claims against the government: 180 days and 1 year

This is the deadline that can sneak up on you. If your injury was caused by a public entity, a public school, or a public employee, two separate deadlines generally apply:

1. Notice of claim within 180 days. You must file a notice of claim within 180 days after the cause of action accrues (A.R.S. § 12-821.01(A)). A claim not filed within 180 days is barred.
2. Lawsuit within 1 year. If the claim doesn't resolve, the lawsuit against the public entity or employee generally must be filed within 1 year after the cause of action accrues (A.R.S. § 12-821).

Both deadlines matter. Meeting one does not excuse missing the other.

Examples where these deadlines may apply:

• A city bus runs a red light and hits your car.
• A city truck rear-ends you at an intersection.
• You trip and fall on a broken city sidewalk. See our page on slip and fall and premises liability claims.
• A government employee driving on the job causes a crash.

What a notice of claim must include

A notice of claim is not a quick form letter. In general terms, it must include:

• Facts that support why the public entity or employee is liable, and
• A specific amount for which the claim can be settled.

Both take real work to put together. And 180 days goes fast when you are hurt, in pain, and missing work. Get started well before the deadline.

Wrongful death and injuries to children

Wrongful death

When an injury results in death, Arizona considers the claim to accrue at the death, not at the accident (A.R.S. § 12-542). The 2-year period generally runs from the date of death. If a government vehicle or employee was involved, the 180-day notice of claim and 1-year lawsuit deadlines also need attention.

Grieving families should not have to watch a calendar. But these deadlines still apply. Learn more on our wrongful death claims page.

Minors

If the injured person was under 18 when the claim accrued, the time to file is generally paused until they turn 18 (A.R.S. § 12-502). For claims against a public entity, a minor may file a notice of claim within 180 days after the disability ends, which for a minor generally means turning 18 (A.R.S. § 12-821.01(D)).

Don't treat this pause as a reason to wait. Evidence fades the same way for a child's case as for an adult's. Acting early protects the child's claim.

Insurance policy deadlines

Your own insurance policy can have deadlines that are separate from the statute of limitations. That includes uninsured and underinsured motorist (UM/UIM) coverage. Policies may set their own rules for when you must give notice and when you must make a claim.

These deadlines live in the policy language, not the statute. Get a copy of your policy and read the notice and claim sections. If your insurer is delaying or denying your claim, see our page on insurance disputes.

Remember who you're dealing with. The insurance company has adjusters and lawyers working to pay as little as possible. A missed policy deadline hands them an easy reason to say no. Call Kent Law before you give a recorded statement to any insurer, including your own. Your policy may require you to cooperate with your own insurer, and we can help you do that.

Why waiting hurts, even inside the deadline

Filing near the end of the 2 years may be legal. It can also hurt your case. And if a city, county, or state agency is involved, the clock is much shorter: a notice of claim is generally due within 180 days, and the lawsuit generally must be filed within 1 year. Evidence starts disappearing the day you are hurt.

• Video can be lost. Business security cameras and doorbell cameras may record over old footage.
• Witnesses move or forget. Names and phone numbers get lost. Memories fade.
• Physical evidence changes. Vehicles get repaired or scrapped. Sidewalks get fixed. Debris gets cleared.
• Waiting on medical care. Your health comes first, so get the care you need. Insurers may point to gaps in treatment, but if you had to wait or miss appointments, tell us.

Acting early lets your lawyer gather evidence while it still exists. When a case needs it, Kent Law hires crash reconstruction experts and other expert witnesses, and fresh evidence gives them more to work with. For practical steps right after a crash, read what to do after a car accident in Phoenix.

What happens if you miss a deadline

If you miss the deadline, your claim can be barred. That means you may lose the right to recover anything from the person or agency that hurt you, no matter how clear their fault or how serious your injuries.

For claims against a public entity, the law is direct: a notice of claim not filed within 180 days is barred (A.R.S. § 12-821.01(A)), and the lawsuit generally must be filed within 1 year (A.R.S. § 12-821).

If you think a deadline may have passed, talk to a lawyer right away anyway. When the claim accrued, who is responsible, and which rules apply can all affect the answer. Don't assume it's too late. And don't assume you have plenty of time.

How Kent Law can help

Kent Law focuses on personal injury. We move from day one, and we're ready to take your case to court if it comes to that. We don't back down from insurance companies, and we fight for every penny of compensation you deserve.

Kent Law recovers millions of dollars for injured clients every year. We handle negotiated settlements, mediation, arbitration and trial. Past results do not guarantee a similar outcome.

We work from one office in Phoenix, in the Ahwatukee area, and serve Tempe, Chandler, Gilbert, and Mesa from there. We usually meet at our office. If you can't get here, we can come to you at the hospital or at home, or meet by phone or video. If you were hurt in a crash, visit our Phoenix car accident lawyer page.

Call Kent Law at (480) 359-KENT for a free case review before a deadline passes. No fee unless we win, and we explain the written fee agreement before you sign.

This article is general information, not legal advice. Every case is different.

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Related: Phoenix car accident lawyer

This article is general information, not legal advice. Every case is different.