Statute of Limitations

What Is the Statute of Limitations in Phoenix?

The statute of limitations is the legal timeframe set by the justice system that provides a deadline for filing a personal injury lawsuit. The statute of limitations in Arizona is rarely flexible and if you are injured in an accident, it is up to you to file your personal injury lawsuit within the statute of limitations. The statute of limitations will vary depending on multiple factors, though the two most common factors impacting the length of the statute of limitations are the type of legal claim that's being made and the type of accident involved in the claim.

You may have heard of statutes of limitations before if you pay attention to the news or watch television shows. There are statutes of limitations for all types of criminal and civil cases. In the majority of cases, the statute of limitations begins once the accident has occurred and the injury has been sustained. In some special circumstances, the statute of limitations begins when the injury is discovered. For example, if your injuries caused you to fall into a coma and the extent of your injuries was discovered only upon waking from that coma, your Phoenix personal injury attorney may be able to reset the clock on the statute of limitations.

How Long Is the Statute of Limitations for a Phoenix Personal Injury Case?

The general statute of limitations for an Arizona personal injury accident lawsuit is typically two years. However, you should never wait two years to file your lawsuit. The problem with the statute of limitations is that although two years is the general guideline for filing a lawsuit, this isn't always true. The statute of limitations for your case can be adjusted according to various factors. Some personal injury cases have to be filed in less than six months—that is 180 days, which can be problematic for many reasons. It is important to also note that the statute of limitations for personal injury accident cases involving minors may be longer than for those involving adults, and the statute of limitations for cases involving businesses and public or civil entities may be much shorter. If your lawsuit involves medical malpractice, an entirely separate set of statutes of limitation may apply to the incident.

When Should You File Your Phoenix Personal Injury Accident Lawsuit?

You should file your personal injury accident lawsuit the moment any injury has been discovered. In most accident injury cases, you will know within several days that you have sustained serious injuries. If the filing of your case is delayed and you fail to meet the statute of limitations, you will be required to prove that your filing is reasonable. One circumstance in which late filing may be reasonable includes medical malpractice cases where a surgical object was left inside one's body and not discovered until after the statute of limitations had expired. Late filing may also be appropriate when your child was injured in an accident and the extent of the damage was not discovered until they had finished growing.

How Can the Statute of Limitations Impact Your Phoenix Accident Case?

If you were involved in a personal injury accident in Arizona and you need to file a lawsuit, you may think that you have plenty of time to do so. However, the statute of limitations can cause a number of problems for you along the way. If you have six months in which to file your case, you may think that this is plenty of time. However, in that timeframe, there is a great deal of work to be done. Personal injury accident lawsuits require a great deal of work: documents need to be collected, paperwork needs to be filled out, depositions need to be taken, etc.

Additionally, finding and serving the negligent party can take time, especially if you are unsure whether there is only one negligent party or if multiple parties must be named in the lawsuit. Multiple parties may be involved if you were involved in a traffic accident with a semi truck, a construction vehicle, or other types of public service vehicles. Determining all of the negligent parties may take weeks or even longer, and time is of the essence when dealing with a personal injury accident case.

Why Do You Have to File Within the Statute of Limitations?

The law requires personal injury lawsuits be filed within the statute of limitations to ensure that a fair and equitable trial or negotiation process be used in every case. A timely evaluation of your personal injury case ensures that your memory—and the memories of the negligent party or parties and any witnesses—remain fresh, and that documents and other evidence pertaining to the case remain intact and available.

What Happens if You Wait Too Long to File Your Phoenix Personal Injury Lawsuit?

If you wait too long to file your personal injury lawsuit, you may miss your chance to file within the statute of limitations or you may experience other complications that could jeopardize your case. Building a strong case for a personal injury lawsuit requires a great deal of time, and the longer you put off building your case or speaking with a qualified personal injury attorney, the less time you have to prepare the required documents and case materials.

Additionally, if you wait a long time to build and submit your case, you may lose track of witnesses, documents, photographs, doctors, and other evidence. Witnesses who are able to be located may no longer wish to participate in the case or may not be able to remember the details. Waiting to start the evaluation of your case is never an option because it invariably always leads to a weaker case, and you may end up losing your ability to get a fair settlement or any settlement at all, leaving you and your family to absorb the costs, pain, and suffering associated with your accident without help.

What Happens if You Don't File Your Lawsuit Within the Statute of Limitations?

If you fail to file your personal injury accident lawsuit within the statute of limitations, your case will be barred from adjudication and you will be unable to seek compensatory damages from the person or entity responsible for your injuries.