How Long Do I Have to File a Personal Injury Claim in Arizona?

Many Arizona personal injury lawsuits have a two-year filing period under A.R.S. § 12-542. That period runs from when the claim legally accrues, which is not always a simple calendar calculation. State-law injury claims against a public entity or public employee generally have a much shorter timetable: a proper notice of claim within 180 days under A.R.S. § 12-821.01, and a lawsuit within one year under A.R.S. § 12-821. Both periods run from accrual. The one-year period does not begin after the 180-day notice period ends.

The general two-year rule

A.R.S. § 12-542 sets a two-year period for many injury lawsuits, including ordinary negligence claims arising from a crash or fall. It is a starting point, not a deadline for every claim. The legal basis of the claim and who may be responsible can change the rule. For example, A.R.S. § 12-541 sets a one-year period for certain other claims, including some liabilities created by statute.

Opening an insurance claim is different from filing a lawsuit. Do not assume that reporting an accident, exchanging records with an adjuster or discussing a settlement preserves your right to sue. Have the filing deadline checked while those discussions continue.

When does the filing period start?

The starting point is called accrual. In an injury that is immediately apparent after a crash, the accident date may be the relevant starting date. Other situations require a closer look at what happened and when the injury and its cause became reasonably discoverable. Do not assume the clock starts when treatment ends or when an insurer makes an offer.

For the public-entity notice rule, A.R.S. § 12-821.01 expressly connects accrual to realizing that you were damaged and knowing, or reasonably being expected to know, what caused or contributed to that damage. A lawyer needs the facts and dates to assess how the applicable rule affects your claim.

Public-entity claims have two separate deadlines

For covered Arizona state-law claims against a public entity or public employee, the usual requirements are a notice of claim within 180 days of accrual and a lawsuit within one year of accrual. A city, county, public school or state agency may be involved even if that was not obvious immediately after the injury.

A.R.S. § 12-821.01 requires more than an accident report. The notice must reach the person or people authorized to accept it, explain the basis for liability, and state a specific settlement amount with supporting facts. A.R.S. § 12-821 supplies the separate one-year lawsuit period. Meeting one requirement does not replace the other. Federal claims and claims under other legal systems require their own analysis.

Wrongful death and exceptions need their own review

Under A.R.S. § 12-542, the ordinary two-year wrongful death period runs from the date of death. That does not mean every death-related claim has two years. A claim involving a public entity, a different legal theory or another jurisdiction may have additional or shorter deadlines.

A.R.S. § 12-502 provides tolling rules for certain legal disabilities, including being under 18 when a claim accrues. The public-entity notice statute has its own provisions for minors and other qualifying disabilities. These rules are fact-dependent. Get advice about the specific claim instead of assuming an exception gives you more time.

If you think a deadline has passed

A missed deadline can prevent a claim from moving forward. Still, a general article cannot determine whether your particular deadline has expired. The claim, defendant, accrual date and any applicable exception all matter. Have those points reviewed promptly, even if an insurer or someone else has told you that you are too late.

What to have ready for a deadline review

Gather the accident date, dates when you first noticed an injury, names of the people and agencies involved, and any claim numbers or written notices. Keep copies of letters, emails and settlement discussions. Tell the lawyer if a child, public vehicle, public property or government employee was involved.

Ask which notice and filing deadlines apply, what needs to happen next, and who will handle it. Contacting a law firm or requesting a review does not itself file a claim or lawsuit. For help with records, insurance questions and other practical steps, see our Arizona injury resource guides.

Frequently Asked Questions

Learn more about working with an Arizona personal injury lawyer.

Sources: A.R.S. § 12-542, A.R.S. § 12-821, A.R.S. § 12-821.01, A.R.S. § 12-502, A.R.S. § 12-541.

This article provides general information about Arizona law and is not legal advice. Every case is fact-specific.