Can I Still File a Claim If the Accident Happened Almost Two Years Ago?

In Arizona, individuals injured due to another’s negligence have a legal right to seek compensation. However, this right is bound by strict time limits known as statutes of limitations. Understanding these deadlines is crucial to ensure you don’t forfeit your opportunity for justice.

Arizona Law and Your Rights

Under Arizona Revised Statutes § 12-542, the statute of limitations for personal injury claims is two years from the date of injury. This means that if you’ve been injured, you have a two-year window to file a lawsuit against the responsible party. Missing this deadline typically results in the loss of your right to pursue compensation.

Statute of Limitations

The two-year statute of limitations applies to most personal injury cases, including car accidents, slip and falls, and other incidents resulting in injury. It’s important to note that this period begins on the date the injury occurs. For example, if you were injured on June 10, 2024, you would have until June 10, 2026, to file your lawsuit.

Exceptions to the Rule

There are certain exceptions to the standard two-year statute of limitations:

Discovery Rule: In some cases, injuries aren’t immediately apparent. Arizona law recognizes the “discovery rule,” which allows the statute of limitations to begin when the injury is discovered or reasonably should have been discovered. This is particularly relevant in cases involving medical malpractice or exposure to harmful substances.

Minors and Legal Disabilities: If the injured party is a minor (under 18) or legally incapacitated, the statute of limitations may be tolled (paused) until the individual reaches 18 or the disability is removed. This provision ensures that those who cannot legally act on their own behalf aren’t unfairly barred from seeking justice.

Claims Against Government Entities: If your injury involves a government entity or employee, different rules apply. Arizona law requires that a formal claim be filed within 180 days of the injury, and a lawsuit must be initiated within one year. These shorter deadlines make it imperative to act quickly in such cases.

What To Do Next

If your accident occurred nearly two years ago, time is of the essence. To protect your rights and ensure you don’t miss critical deadlines, consider the following steps:

Consult an Attorney: Engaging with experienced personal injury attorneys can provide clarity on your situation and guide you through the legal process. Attorneys like Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and Chelsie Talcott, a former Maricopa County Deputy Public Defender, have the expertise to handle complex cases.

Gather Documentation: Collect all relevant documents, including medical records, accident reports, and any correspondence related to the incident. This information will be vital in building a strong case.

Act Promptly: Given the impending deadline, it’s crucial to initiate legal proceedings without delay. Procrastination can jeopardize your ability to seek compensation.

At Hirsch Talcott, we understand the challenges you face following an injury. Our firm operates on a contingency fee basis, meaning you pay no fees unless we win your case. This approach ensures that quality legal representation is accessible to everyone, regardless of their financial situation.

Don’t let time run out on your right to seek justice. Contact Hirsch Talcott today at 602-903-6000 for a free consultation. Let our dedicated team help you navigate the legal process and work towards the compensation you deserve.