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Statute of Limitations
Arizona law provides for a time limit during which a
claim must be settled or a lawsuit initiated for injury or death claims.
The time limit is known as the Statute of Limitations. If a complaint
is not filed in the proper court within the time limit set by Arizona
law, the right to recover compensation may be lost.
The following is a
brief summary of the most common Statutes of Limitations:
- Personal Injury (most car accidents) - 2 years from the
date of injury.
- Dram Shop (Providers of Alcohol) - Usually 1 year from the
date of injury.
If you are injured by a person who has been over-served alcohol and
this action caused or contributed to your injury, you may have a
claim against the business that provided the alcohol to the person
who injured you.
- Dog Bites - (Varies) Usually 1 year from the date of injury.
- Slip and fall/premises liability - 2 years from the date
of injury.
- Medical Malpractice - 2 years after the cause of action
accrues.
- Wrongful death claims - 2 years from the date of death.
- Work Injuries Caused by Third Parties - 1 year from the
date of injury.
If a person is injured while on the job as a result of the negligence
of a third party (i.e., someone other than a co-employee or employer),
that person may be entitled to compensation in addition to Worker's
Compensation benefits. However, Arizona law prevents an employee
from suing an employer if a claim for Worker's Compensation benefits
has been made.
- Governmental Entity or Employee
If you have a claim against a governmental entity (city, county,
state, school districts, or their personnel who are acting during
the course and scope of their employment) a Notice of Claim must
be served upon the governmental entity within 180 days of the date
of the injury. If an injured party fails to serve the Notice of
Claim within the 180 days the claim is barred. If the entity does
not agree to settle the claim, then a lawsuit must be filed in
the proper court within one year of the date of injury.
- When the Injured Person is a Minor
When the person who has suffered an injury is under the age of eighteen,
the statute of limitations will not expire until the statute of
limitations time period has run after the minor's eighteenth birthday
(i.e., for personal injuries: date of 18th birthday + 2 years =
Statute of Limitations, which is the same as the claimant's 20th
birthday.)
- When the Injured Person is Incompetent or Insane
When a person who is insane or incompetent suffers an injury, statute
of limitations will not expire until the statute of limitations
time period has run after the disability ceases.
WARNING: There are exceptions to the
above limitations, and different circumstances require other statutes
or notice provisions to be applied. The laws are complicated. We recommend
that you seek competent legal advice if you believe you have a claim! |
If you or a loved
one is in need of legal assistance,
call Bache & Lynch at (520)
293-5300 or Contact
Us Online
The initial consultation is
free of charge, and if we agree to handle your case, we
will work on a contingency fee basis, which means we get
paid for our services only if there is a monetary recovery
of funds. In many cases, a lawsuit must be filed before
an applicable expiration date, known as a statute of limitations.
Please call right away to ensure that you do not waive
your right to possible compensation.
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