The last thing you want to do is miss a deadline to file a claim or a lawsuit when you have been wronged. To preserve your claim, Arizona law requires you to file a claim or lawsuit within a specific timeframe or you lose the right to do so. This time limit is known as the Statute of Limitations.
1. CLAIMS AGAINST THE GOVERNMENT (aka NOTICE OF CLAIM)
Generally speaking, a person who has a claim against a “public entity, public school, or a public employee” must file a claim with the person authorized to accept service for that entity, school, and/or person within 180 days after the incident (or “cause of action”) occurs. A.R.S. 12-821.01. This timeframe could be different, though, depending upon the specific government entity (e.g., Suing the federal government under the Federal Tort Claims Act provides for a two-year statute of limitations). Failure to comply with the applicable time requirement is one of the many ways the government tries to avoid fairly compensating you for your injuries.
Properly filing a Notice of Claim is the first step in getting justice for your injuries. To learn more about the process and get started filing a claim against a public entity, school, or employee, contact me for a free consultation.
2. PERSONAL INJURIES
Most personal injury claims must be “commenced and prosecuted” within 2 years after the cause of action occurs (e.g., from the date you are first injured). A.R.S. 12-542
Personal injuries may include:
a. Injuries to your body (or person), including medical malpractice. Most commonly, these injuries could be from a motor vehicle, bicycle, motorcycle, or trucking accident; or a slip (or trip) and fall incident (among other possible causes of injury).
b. Wrongful death claims.
c. Damage to your estate or property due to a trespass.
d. Damage or misuse of personal property.
e. Damage caused by forcible entry or forcible detainer.
NOTE: Dog bite claims have both a 1 year, strict liability timeframe AND a 2 year general negligence timeframe for filing a lawsuit. Contact me right away to protect your rights!
3. WORKERS COMPENSATION
If you are injured on the job, you typically need to file a claim for workers’ compensation benefits with the Industrial Commission of Arizona within 1 year from the date of your injury. Contact an Arizona workers’ compensation attorney for additional information.
If you have questions or concerns about your personal injury, contact me at 928-985-9800 or visit my website to set up a FREE CONSULTATION.
Disclaimer: The information provided herein is not comprehensive. Additional dates/deadlines may apply to your specific case/situation. The content herein is provided for informational purposes only and does NOT constitute legal advice or create an attorney-client relationship.