You’ve been injured in a car accident, slip and fall, or another accident caused by someone else’s negligence. The pain is real, and all the while you’re incurring medical bills. You need justice now. But urgency isn’t enough to protect your legal rights in Arizona. There’s a legal deadline, and the clock is quietly ticking away from the moment your injury happens. If you don’t comply with Arizona’s statute of limitations, you lose all rights to recovery forever.
At Lerner and Rowe Injury Attorneys, we’ve repeatedly earned the title of being among the best local law firms as we’ve spent several decades guiding Arizona residents in the process of personal injury claims. Perhaps one of the greatest tragedies we see is when a personal injury claimant contacts us after the deadline to file a lawsuit has expired. That’s why our Arizona personal injury attorneys have prepared this guide, to ensure that you’re never in that situation.
Arizona’s Statute of Limitations Key Takeaways
Arizona law gives most personal injury victims two years from the time of their injury to file a lawsuit. If you are in a government-related accident, you have a much shorter time – as little as 180 days to file.
What Is a Statute of Limitations?
A statute of limitations is a law that specifies a time period within which you are allowed to initiate legal proceedings after a particular incident has occurred. This law can be thought of as an expiration date for your legal claim to sue. Once this time period has expired, all courts will refuse to hear your case, regardless of the strength of your evidence and the severity of your injuries.
The Arizona statute of limitations for personal injury cases is found at A.R.S. § 12-542. This law governs a wide variety of civil cases, which include motor vehicle accidents, pedestrian accidents, premises cases such as slip and falls, dog bites, and negligence cases against private entities.
The time period specified by A.R.S. § 12-542 is two years from the time of your accident.
What the Two-Year Deadline Includes
The two-year deadline specified by A.R.S. § 12-542 generally covers:
• Car, truck, motorcycle, and bicycle accidents involving private drivers
• Slip, trip, and fall cases occurring on private property
• Dog bites and animal attacks
• Product liability cases against private entities
• Medical malpractice cases
• Wrongful death cases
Important: Filing a Lawsuit is Different from Filing an Insurance Claim
The statute of limitations is two years. Even if you have been engaged in negotiations with an insurance company for 18 months, the statute of limitations is still in force. Many injured individuals in Arizona find it surprising to learn that negotiations with an insurance company do not “stop the clock” so to speak, when it comes to the statute of limitations.
The Discovery Rule: When the Clock Actually Starts
Arizona law also recognizes that not all injuries or harm are immediately apparent. It’s not uncommon to find that an injury is not diagnosed immediately or that a latent injury is not apparent at first. In such cases, it becomes difficult to file a claim. This is where the Discovery Rule comes in.
Under the Discovery Rule, it’s not the actual date of injury that becomes the starting point of the statute of limitations. Instead, it’s when an injured party discovers or reasonably should have discovered that they’re injured.
The key words here are “reasonably should have discovered.” Arizona follows an objective standard, not a subjective one. This means it’s not about when you knew or realized something was wrong, but about whether a reasonable person in your shoes would have had enough information to suspect their condition had something to do with the injury they suffered.
Government-Involved Accidents
Did your Arizona personal injury accident involve a government vehicle or employee? If so, the process is much faster, much stricter, and much more complex.
Arizona claims against public entities are governed by A.R.S. § 12-821.01, and this law has two critical components, unlike other personal injury claims:
Requirement 1: The 180-Day Notice of Claim
To bring a lawsuit against a government entity, you must first file a Notice of Claim within 180 days of the injury or death. This is not optional, and this is not a formality. This is a prerequisite to filing any lawsuit.
The Notice of Claim must contain:
- The facts and circumstances relating to the injury or claim
- The exact amount of damages being demanded (the statute requires that there be a dollar figure included)
- The legal basis for the claim
- Enough detail so that the public entity can investigate the claim
If these details are not included, the court will likely dismiss the claim. Arizona courts require that all requirements for notice be met strictly.
Requirement 2: The One-Year Lawsuit Deadline
Once you submit the Notice of Claim, the government entity has 60 days to approve or reject it. If it rejects or does not act upon it, you then have one year from the injury date to bring your lawsuit under A.R.S. § 12-821. This is much shorter than the usual two years.
Side-by-Side Deadline Comparison
Below is a quick comparison of the usual deadline for personal injury claims and the deadline for claims against government entities in Arizona.
| Category | Standard Deadline | Government Deadline |
| Filing Window | 2 Years | 1 Year (lawsuit) |
| Notice of Claim | Not Required | 180 Days |
| Clock Starts | Date of injury (or discovery) | Date of injury |
| Statute Reference | A.R.S. § 12-542 | A.R.S. § 12-821.01 |
| Applies To | Private parties, businesses,individuals | State, county, city, transitagencies |
| Missed Deadline = | Case dismissed | Claim forever barred |
Note: Deadlines may vary depending on the particular circumstances and the government entity involved. This is an overview of the general deadline requirements under A.R.S. § 12-542 and A.R.S. § 12-821.01, and may not be applicable to all situations. Consult a licensed Arizona attorney for the most up-to-date information.
Tolling Exceptions
In Arizona, there are only a few narrow circumstances which can toll (stop) the statute of limitations:
Minors and incapacitated individuals
If an injury is inflicted on an individual who is under 18 years of age, then the standard rule of a two-year statute does not begin until they reach 18 years of age. This means that if a child is injured, they have until they are 20 years old to file their claim for personal injury. This rule does not apply to governmental claims under A.R.S. § 12-821.01.
Legal disability
If an individual is legally incapacitated at the time of their injury, then they can have more time to file their claim until they are no longer incapacitated. It should be noted, though, that the court has interpreted this rule narrowly in the past.
Frequently Asked Questions about Arizona’s Statute of Limitations
I got hurt in an accident with an Uber or Lyft driver. What deadline will apply?
The two-year deadline will apply to the private Uber or Lyft driver, or the company itself. However, if the accident occurred with a municipal vehicle or on government property in certain circumstances, additional notice requirements will be applicable.
What if the driver of the car or trucks involved in the accident was a government employee driving their personal vehicle?
If the government employee was working within the scope of their government duties, then the 180-day notice requirement will be applicable. These cases need to be reviewed immediately to preserve all potential avenues of recovery.
Can I sue after two years if I didn’t know I had a claim?
The Discovery Rule may be applicable in certain limited circumstances, effectively extending the deadline. However, the courts in Arizona will not apply the Discovery Rule liberally. It must be more than just the plaintiff’s ignorance of their rights, and not their ignorance of the facts.
What happens if I miss the filing deadline?
The consequence of missing the deadline is that the defendant would ask for dismissal of the case, citing the expiration of the applicable statute of limitations. The court would always approve this, and the case would be dismissed with prejudice, meaning there would be no possibility of refiling the case at a later time. Your chance at compensation would be gone.
Lerner and Rowe Is Here to Help with Arizona’s Statute of Limitations
Lerner and Rowe has been successful in a large number of personal injury claims in Arizona, including claims involving the City of Phoenix, Maricopa County, Arizona Department of Transportation, Valley Metro, and many other Arizona state and local governments. We are experienced in Arizona government claim procedures and move quickly to protect your rights.
With our billion-dollar total results and 240+ years of combined experience, we are prepared to fight for the compensation you deserve after a serious injury. And because of our “no fee promise” policy, you won’t owe us anything unless we win your case. Call us today, fill out our convenient online form, or use LiveChat to speak to a member of our team.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.