What Is a Statute of Limitations?
A statute of limitations is the legal deadline to file a lawsuit. Once the deadline passes, you lose the right to sue—even if your injuries are severe and the other party was clearly at fault.
Arizona’s Personal Injury Deadline: ARS § 12-542
Under ARS § 12-542, most personal injury claims in Arizona must be filed within two years from the date of injury. This covers car accidents, slip and falls, dog bites, and most other negligence-based claims.
Key exceptions that change the clock:
- Minors: The clock does not start until the minor turns 18, giving them until age 20 to file.
- Government claims: Claims against a city, county, or state agency require a notice of claim within 180 days of the injury (ARS § 12-821.01)—not two years. Miss the notice and your case is done.
- Medical malpractice: Two years from the injury or from when you discovered (or should have discovered) the harm, whichever is later.
- Discovery rule: For injuries not immediately apparent, the clock may start when you first knew or reasonably should have known of the injury and its cause.
How It Affects Your Personal Injury Case
The statute of limitations is a hard stop. Courts almost never grant extensions based on ignorance of the law. From a practical standpoint, waiting too long also degrades evidence—witnesses forget details, surveillance footage is deleted, and skid marks fade. Attorneys also need time to investigate before the deadline. Consulting a lawyer within weeks of an accident protects both the legal clock and the evidence.
Example Scenario
Carlos is injured in a Scottsdale car accident on March 1, 2024. He has until March 1, 2026 to file a lawsuit. If he files on March 2, 2026, the defendant will file a motion to dismiss—and will win. Insurance adjusters know these deadlines and sometimes stall negotiations hoping you’ll miss them.
Frequently Asked Questions
What happens if I miss the two-year deadline in Arizona?
Your case is almost certainly barred. The defendant will file a motion to dismiss based on the statute of limitations, and the court will grant it. There are very limited exceptions—fraud, concealment of injury, or the discovery rule—but courts apply them narrowly.
Does Arizona have a different deadline if a government vehicle or employee caused the accident?
Yes. If a government entity (city bus, police vehicle, state employee) caused your injury, you must file a notice of claim within 180 days of the accident under ARS § 12-821.01. The standard two-year lawsuit deadline still applies after that, but failure to file the 180-day notice first will kill the case entirely.
Have questions about the statute of limitations in your case? Call Wood Injury Law at (623) 207-0000 for a free case review.
Arizona injury deadlines to double-check
| Deadline issue | Why it matters |
|---|---|
| ARS 12-542 | Many Arizona personal injury and wrongful death lawsuits have a two-year filing deadline. |
| ARS 12-821.01 | Claims against Arizona public entities or public employees can require a notice of claim within 180 days. |
There are exceptions and traps, especially for government-vehicle crashes, minors, delayed injury discovery, and claims involving multiple defendants. Do not wait until the lawsuit deadline if evidence needs to be preserved now.