What is a Statute of Limitations?
A statute of limitations is a law that places a time limit on pursuing legal action when a person is involved in a relation to wrongful conduct. This can include personal injury or a wrongful death claim in Arizona.
Those who are pursuing legal action must file their lawsuit or settle their case prior to the deadline.
If they do not, they lose all of their rights to file a lawsuit seeking money damages or other relief, unless legal exception applies. The deadlines and statute of limitations for personal injury vary depending on several factors including the situation and the case.
If you are seeking to file a lawsuit for personal injury, contact a personal injury lawyer to determine the specific time period that you must file your lawsuit.
Personal Injury and Wrongful Death
The statute of limitations period for injury to a person, wrongful death claims must be commenced within two years after the cause of action. The Arizona statute states that an injury when death ensues “accrues” on the date of death, and personal injury accrues on the date that injury occurred.
For malpractice, the cause of action does not accrue until the patient knows or should have known that the malpractice occurred.
Arizona Public or Governmental Entity or Employee
Persons who have claims against a public entity or public employee based on negligence causing injury are required to file a “Notice of Claim” within 180 days, and are required to file a lawsuit within one year after the cause of action accrues.
If the person filing is a minor or is determined to be an “insane or incompetent” individual, they are required to file a claim within 180 days after the disability ceases and file a lawsuit within one year after the cause of action has accrued.
The claim against a public entity must contain facts sufficient to permit the public entity or employee to understand the basis upon which the liability is claimed, as well as include a specific amount for which the claim can be settled, with facts supporting this amount.
Arizona Workman’s Compensation Law states that Worker’s Compensations claims must be filed by the injured with the Arizona Industrial Commission within one year from the date of the accident that caused the injury.
This one year claim against the defendant is then assigned to the Workman’s Compensation insurance carrier, and the carrier may reassign the claim rights to you and your attorney once they have reviewed it. Once it is in the hands of you or your lawyer, the statute of limitations period for the lawsuit to be filed against the responsible parties is 2 years from the date of the accident.
To avoid the claim going through the Workman’s Compensation carrier, file a lawsuit prior to one year from the date of the occurrence.
In all matters involving personal injury it is important to preserve evidence and investigate the cause of injury, and it is very important to file a lawsuit before the statute of limitations period deadline.
Still in Search of a Personal Injury Attorney Near Me?
If you or someone you know if a victim of personal injuries, contact a Tucson personal injury attorney at Thrush law Group today.