Arizona statute of limitations for personal injury

Understanding filing deadlines is critical in any personal injury case. Arizona has specific laws that determine how long someone has to file a lawsuit after they have been injured. These rules are strict, and missing the deadline can close the door to compensation. The following guide explains how the Arizona statute of limitations works, why it exists, and what exceptions might extend or shorten the timeline.

What is the statute of limitations in Arizona?

The statute of limitations sets the legal deadline for filing a lawsuit. In Arizona, this rule is outlined in several provisions of state law, including A.R.S. § 12-542, personal injury, which applies to most cases. These deadlines are designed to ensure that cases move forward while evidence is still available, memories are still reliable, and both sides have a fair opportunity to present their positions.

In personal injury cases, the statute of limitations generally requires injured people to file a lawsuit within a specific number of years after an accident or harmful incident. This includes situations such as getting  rear-ended in Phoenix, being injured on someone's property, or being harmed by a defective product.

Arizona relies on a detailed  statute of limitations framework, which outlines how long someone has to bring a claim after an injury.

The standard two-year rule for injury claims

In most cases, the Arizona statute of limitations for personal injury is two years from the date the injury occurred. This timeframe applies to:

• Car collisions
• Slip-and-fall incidents
• Dog bites
• Product liability cases
• Many other negligence-based claims

This two-year period is part of Arizona’s personal injury statute of limitations, and it applies whether an injury is minor or involves significant long-term harm. If someone does not file within this window, courts will generally dismiss the case unless a legal exception applies.

Some types of claims have variations on this deadline. For example, wrongful death cases fall under their own rules. The wrongful death filing deadline in AZ is also generally two years, but the clock often begins on the date of the person’s passing rather than the initial incident.

When does the clock start ticking?

The starting point is known as the accrual of cause of action. In many cases, the deadline begins on the date the injury occurs. However, not all injuries are immediately obvious. For this reason, Arizona recognizes something called the discovery rule.

Under the discovery rule, the statute of limitations may begin when the injured person knew or reasonably should have known that they were harmed and understood the probable cause of the harm. This rule often applies in cases such as:

• Hidden medical complications
• Slow-developing injuries
• Defective product cases
• Exposure-related conditions

For example, if a dangerous product causes harm that is not immediately apparent, the clock may start once the person becomes aware of the issue, not the moment the product was used.

Key exceptions to the AZ statute of limitations

While the two-year rule covers most cases, Arizona law includes several important exceptions. These can significantly alter how long someone has to file.

Minors

If a child is injured, the statute of limitations is generally paused until they turn 18. The two-year period typically begins on their 18th birthday. This gives families additional time to understand the long-term effects of the injury.

Claims against public entities

Arizona requires a special process when the at-fault party is a public employee or public agency. Before filing a lawsuit, the injured person must submit a notice of claim within 6 months of the injury, according to the 180-day notice of claim rule. Missing this notice deadline can prevent the claim entirely, even if the two-year statute of limitations has not yet expired.

This requirement applies to cases involving government vehicles, public schools, state agencies, and other governmental entities.

Medical malpractice

The medical malpractice statute of limitations in Arizona generally requires filing within two years. However, the discovery rule frequently applies in these cases because medical injuries are not always immediately visible. Complications might arise months later, and courts may consider when the injured person reasonably should have discovered the issue.

Product liability and the statute of repose

Arizona also has a  product liability statute of repose, which is separate from the statute of limitations. The statute of repose may bar certain claims after a product reaches a specific age, regardless of when the injury occurred. This rule places an outer time limit on certain lawsuits involving older products.

What happens if you miss the filing deadline?

Missing the deadline usually means the court will dismiss the case. Once dismissed, the injured person typically loses the right to pursue compensation for medical bills, lost income, and other damages. This outcome can feel surprising, especially when someone has strong evidence or severe injuries. Courts enforce statutes of limitations strictly, even when the delay was unintentional or caused by confusion.

In addition to losing the ability to file a lawsuit, missing the deadline can also weaken settlement negotiations. Insurance companies often refuse to negotiate once the statute has passed because the injured person no longer has the leverage of filing suit.

Why you shouldn't wait until the last minute

Although two years may feel like plenty of time, injury cases often require months of investigation. Medical records, crash reports, witness statements, and expert evaluations take time to gather. Evidence may fade, and witnesses may become harder to locate. Early legal guidance allows attorneys to preserve evidence, document injuries, and build a strong case.

In many situations, injured people do not immediately realize how serious their injuries are. Pain might develop days or weeks after an incident, especially in collisions involving the neck, back, or head. By reaching out to legal counsel early, people affected by an accident protect themselves from filing issues and avoid rushing important decisions near the deadline.

Free consultation with an Arizona personal injury lawyer

The Arizona personal injury statute of limitations creates strict deadlines that can determine the outcome of a case. Understanding these timelines and the exceptions that may apply is essential for anyone injured in an accident. Whether someone has questions about the AZ statute of limitations, the discovery rule, or how to file a claim against a public entity, speaking with an attorney can help clarify the next steps.

Kermani LLP’s Phoenix personal injury attorneys offer free consultations to help people understand what the statute of limitations in Arizona means for their specific situation. Early guidance can make all the difference when protecting the right to pursue a claim.