Arizona Statute of Limitations: Don’t Miss Your Personal Injury Deadline

If you’ve been injured in an accident in Arizona, you have a limited time to file a lawsuit. Miss the deadline, and you lose your right to compensation forever—no matter how strong your case is. Here’s everything you need to know about Arizona’s statute of limitations for personal injury claims.

What Is a Statute of Limitations?

A statute of limitations is a law that sets a deadline for filing a lawsuit. Once the deadline passes, courts will dismiss your case, and you cannot recover compensation—even if the other party was clearly at fault.

Arizona Personal Injury Statute of Limitations: 2 Years

Under Arizona Revised Statutes § 12-542, you have 2 years from the date of injury to file a personal injury lawsuit. This applies to:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip and fall accidents
• Dog bites
• Assault and battery
• Bicycle and pedestrian accidents

Wrongful Death: 2 Years from Date of Death

For wrongful death claims (A.R.S. § 12-542), the 2-year deadline starts on the date of death, not the date of the accident. If someone dies days, weeks, or months after an accident, the clock starts when they pass away.

Medical Malpractice: 2 Years (with Exceptions)

Medical malpractice cases have a 2-year statute of limitations, but with important exceptions:

• Discovery Rule: If you didn’t know about the malpractice, the 2 years starts when you discover (or should have discovered) the injury
• Foreign Object: If a surgical instrument was left in your body, you have 1 year from discovery
• Minors: Children have until their 20th birthday to file (or 2 years from discovery, whichever is later)

Property Damage: 2 Years

If you’re only seeking compensation for property damage (e.g., car repairs), you have 2 years from the date of the accident (A.R.S. § 12-542).

Government Claims: 180 Days Notice Required

If your injury was caused by a government entity (city bus, state vehicle, public property), you must file a Notice of Claim within 180 days (A.R.S. § 12-821.01). This is a much shorter deadline than regular personal injury cases. After filing the notice, you have 1 year to file a lawsuit if the claim is denied.

Exceptions That Extend the Deadline

Arizona law provides limited exceptions that can extend (“toll”) the statute of limitations:

• Minors: If the injured person is under 18, the 2-year clock doesn’t start until their 18th birthday
• Mental Incapacity: If the injured person is mentally incapacitated, the deadline may be extended
• Defendant Leaves Arizona: If the at-fault party leaves Arizona, the time they’re gone may not count toward the 2 years
• Fraud/Concealment: If the defendant fraudulently concealed the injury, the deadline may be extended

Why You Shouldn’t Wait

Even though you have 2 years, waiting is dangerous:

• Evidence disappears: Witnesses forget, surveillance footage is deleted, accident scenes change
• Memories fade: Your own recollection becomes less reliable over time
• Medical records are lost: Hospitals may destroy records after a certain period
• Insurance companies delay: They know the deadline and will stall negotiations