Have you suffered injuries in an accident that somebody else caused in Arizona?
If this is the case, you may be considering filing a claim for personal injury in order to obtain the compensation you are owed. Read on for more info.
It is essential to have a solid understanding of the legalities surrounding the claim in order to pursue financial compensation for injuries and damages that were caused by the negligence of another party, even though victims are permitted to do so.
The statute of limitations in the state of Arizona, which places tight time constraints on some legal activities and applies to all personal injury claims in the state, is binding on all of them. This indicates that you have a limited amount of time to make a claim, prove that you suffered injuries and damages, and seek compensation for those losses.
Your right to demand compensation will be lost if you do not comply with this requirement.
What Is the Statutory Time Limit for Filing a Personal Injury Lawsuit in Arizona?
In accordance with Arizona Revised Statutes 12-542, a party must file a personal injury complaint within two years from the date the “cause of action accrues.” Therefore, if you desire to file a claim for personal injury in Arizona, you must do so within two years of the injury.
A significant distinction exists, however, if your lawsuit will be filed against a government entity, such as a city, county, or the entire state of Arizona. The statute of limitations in such cases is significantly less than two years, and a “notice of claim” must be lodged within 180 days after the cause of action arises.
What Happens If the Filing Deadline Is Missed?
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If you seek to make a lawsuit for personal injury after the usual two-year period has passed, the defendant may submit a motion to dismiss the case, requesting the court to dismiss the case since the deadline has passed.
If the court grants the motion to dismiss, the case will be dismissed. It is highly probable that the judge will agree with you unless a particular circumstance warrants a different decision.
In the event that this takes place, you will no longer have the legal right to seek compensation in a civil court for your injuries and the losses associated with them.
After an accident or injury, filing a claim with your insurance company is not subject to the statute of limitations that applies to personal injuries. During the entirety of the phase in which the parties negotiate the settlement terms, however, the statutory deadline for reporting insurance claims will continue to be an extremely important factor.
Exceptions to Arizona’s Statute of Limitations
Several significant exemptions can extend, or toller, the typical two-year statute of limitations for personal injury cases in Arizona, which include:
- The victim is a minor – If the victim is younger than 18 at the time of the injury, the two-year “clock” will not begin to run until they turn 18 and attain legal age. They may then launch a lawsuit.
- The injury was concealed – Sometimes, an injury is not discovered immediately after an accident. In such circumstances, the two-year statute of limitations may commence when the injury is known.
- The accused is absent – If the alleged injury perpetrator departs Arizona before the two-year statute of limitations expires, the clock may be stopped for the duration of their absence.
Consider a Lawyer for a Personal Injury Claim in Arizona
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A lawyer can help you in multiple ways for ensuring you receive successful compensation. The following is a list of the primary advantages of working with a personal injury attorney!
You Increase Your Level of Knowledge and Expertise
The time immediately following the occurrence of a personal injury can be extremely daunting, distressing, and plain old perplexing. An experienced personal injury attorney can walk you through the process of filing a claim for compensation, even if you are unsure how to get started.
Better Negotiation Skills
Personal injury attorneys are highly trained professionals in their field. Not only are they knowledgeable about the strategies that insurance companies employ to minimize the value of your claim, but they also possess the skills and expertise necessary to negotiate on your behalf effectively.
If you try to negotiate your claim on your own, you will probably end up with a settlement that is lower than what you are entitled to. You have a significantly better chance of recovering all of the damages to which you are due if you collaborate with an experienced attorney.
They will make sure that you get the necessary medical attention
Many people, even in the midst of a serious personal injury, may postpone getting medical assistance because financial concerns prevent them from doing so. In addition to ensuring that your medical bills are paid for, some attorneys specializing in personal injury law will even work with the healthcare providers you have chosen to develop a payment plan within your financial means.
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They provide support on an emotional level
Personal injury claims are something that no one wants to deal with on their own. A personal injury attorney can reduce many of the stresses involved in the claims process. While family and friends can offer spiritual support, hiring a personal injury attorney can help.
You Will Obtain the Appropriate Recompense for Your Work
When you hire a personal injury lawyer, one of the most significant benefits you get is the assurance that they will fight for you to get the financial compensation you are entitled to. An attorney who specializes in personal injury law knows exactly what compensation you are entitled to and will work tirelessly to ensure that you receive it, even if the insurance company makes an effort to pay you less than you deserve.
Employing an attorney to act as an advocate on your behalf ensures that you will not be exploited and that your interests will be taken into consideration at every stage of the process.
