In Arizona, most personal injury claims must be filed within two years of when the claim legally accrues. While that sounds straightforward, there are important exceptions, especially when a government entity is involved, the injured person is a minor, or the injury is discovered later.
Missing the correct deadline can permanently bar a claim, no matter how strong the evidence may be. This guide explains Arizona’s personal injury statute of limitations in clear, practical terms so you understand why timing matters.
Why Filing Deadlines Matter in Arizona Personal Injury Cases
After an accident, legal deadlines are rarely top of mind. Medical treatment, recovery, and daily responsibilities usually come first. However, Arizona courts enforce filing deadlines strictly.
If a lawsuit is filed late, it can be dismissed outright, even if liability is clear. Understanding the timeline early helps injured people:
- Protect their legal rights
- Preserve evidence before it’s lost
- Make informed decisions about next steps
Arizona’s General Statute of Limitations for Personal Injury
Under Arizona Revised Statutes § 12-542, most personal injury claims must be filed within two years.
This deadline typically applies to cases such as:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Slip-and-fall and premises liability claims
- Other negligence-based injury cases
However, the two-year clock does not always start on the date of the accident.
What Does “Accrual” Mean Under Arizona Law?
Arizona law measures the deadline from when a claim accrues, not simply when the accident happened.
Accrual Explained Simply
A personal injury claim generally accrues when a person knew, or reasonably should have known:
- They were injured, and
- The injury may have been caused by someone else’s actions
This concept is often called the discovery rule.
When the Discovery Rule May Apply
The discovery rule can affect the deadline in cases involving:
- Injuries that develop over time
- Medical complications that are not immediately apparent
- Situations where the cause of the injury is unclear at first
Because accrual can become a disputed legal issue, it is risky to assume extra time applies automatically.
Medical Malpractice Deadlines in Arizona
Medical malpractice claims in Arizona generally follow the same two-year statute of limitations, but these cases often hinge on when the injury should have been discovered.
Medical malpractice cases are complex because:
- Symptoms may appear gradually
- Patients may not immediately know an error occurred
- Expert review is often required
As a result, disputes over accrual are common in malpractice cases.
Claims Involving Government Entities or Public Employees
This is one of the most important exceptions to Arizona’s general rule.
Notice of Claim (Usually 180 Days)
Under A.R.S. § 12-821.01, claims against a public entity or public employee usually require a formal Notice of Claim within 180 days of accrual.
The notice must include:
- A factual basis for the claim
- A specific settlement amount
Failing to meet these requirements can bar the claim entirely.
One-Year Deadline to File Suit
In addition to the notice requirement, lawsuits against public entities or employees are typically limited to one year from accrual, not two.
This means some Arizona injury claims have deadlines measured in months, not years.
Injuries Involving Minors or Legal Incapacity
Minors
When a minor is injured, Arizona law generally tolls (pauses) the statute of limitations until the child turns 18. The standard limitation period then begins.
Mental Incapacity
Arizona law also allows tolling in certain cases involving mental incapacity, though these situations are highly fact-specific and require careful legal analysis.
Tolling does not apply automatically in every case.
Wrongful Death Claims in Arizona
Wrongful death claims are often subject to a two-year statute of limitations, usually measured from the date of death, not the date of injury.
These cases differ from personal injury claims in:
- Who may file the claim
- What damages are recoverable
- The role of the estate
Timing remains critical, especially when liability is complex.
Product Liability and Arizona’s Statute of Repose
Product liability claims generally follow the two-year statute of limitations. However, Arizona also has a statute of repose that can bar claims after a set period, regardless of when the injury is discovered.
In many cases, Arizona limits product liability claims to 12 years from the product’s first sale, subject to exceptions.
This can affect cases involving:
- Older vehicles or machinery
- Medical devices used years later
- Long-lasting consumer products
A statute of repose is different from a statute of limitations and can end claims even before injuries are discovered.
Why Waiting Can Harm a Claim, Even Before the Deadline
Even if a claim is filed on time, delays can weaken it. Over time:
- Evidence may be lost or destroyed
- Surveillance footage may be overwritten
- Witness memories fade
- Vehicles or property are repaired or discarded
- Insurers may dispute causation
These issues often affect a case long before a deadline is missed.
How This Relates to Kamper & Estrada, PLLC
At Kamper & Estrada, PLLC, personal injury cases are handled with close attention to Arizona’s filing deadlines and procedural rules. Many injury claims involve critical steps well before a lawsuit is filed, especially when public entities, delayed injuries, or complex liability are involved.
The firm represents individuals and families throughout the Phoenix area, focusing on early case evaluation, evidence preservation, and clear communication about Arizona personal injury law.
Final Thoughts
Arizona’s statute of limitations rules leave little room for error. While many injury claims follow a two-year timeline, others move much faster or depend on when an injury was discovered.
Taking deadlines seriously from the beginning helps injured people protect their rights and avoid unnecessary complications.
To request a consultation, contact Kamper & Estrada, PLLC or call (602) 875-0006.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.