por Zayed Al-SayyedWhat is the Statute of Limitations on Personal Injury In Arizona?
Were you the victim of a personal injury accident? Whether you slipped at work or were injured from a faulty product, knowing the time you have to bring a case forward is important. You don’t want to miss your window of opportunity to pay mounting medical bills.
When you become a victim of personal injury, it’s important that you understand the statute of limitations on different claims, why staying within the timeframe is important, and how you can bring a case forward on time.
What are the Statute of Limitations on Personal Injury Claims in Arizona?
The general timeframe for personal injury claims is two years from the accident or occurrence. Medical malpractice, negligence, product liability, and wrongful death cases must all be brought within two years. However, if you are making a claim against a public entity or employee, these claims must be brought forward within 180 days of the incident.
Although these statutes of limitations are fairly strict, there are exceptions depending on the circumstances, especially with children under the age of 18. Nevertheless, the sooner you bring a case forward, the better.
Why is Staying Within the Timeframe Important?
Staying within the timeframe outlined within Arizona’s statute of limitations is important to avoid your claim being thrown out. Even if you are just one day over the statute of limitations, Arizona’s courts might dismiss your case.
In addition, cases that are filed shortly after the incident can flow smoother. It’s more difficult to remember what happened over a year ago compared to something that occurred just last week. Having fresh information in your mind ensures you don’t miss key details that can help your personal injury case.
To guarantee that you bring forward a case on time, it’s important that you contact a qualified attorney that can expedite the process. A qualified attorney can look at the details of your case, including the validity to give you concrete information on the timeframe you have to build a case.
What Judgments are Awarded in Personal Injury Cases?
Arizona does not have a cap on personal injury damages. This means you can factor in different costs, such as medical bills, future medical expenses, and lost wages. In addition, you can be compensated for pain, suffering, and emotional distress.
There are two types of damages you can receive: punitive and compensatory. Punitive damages are less common and can only be awarded in a trial setting. On the contrary, compensatory damages include all of the aforementioned costs to arrive at a payout amount.
Summary
Do you have a personal injury claim? Whether the incident occurred last week or last year, it’s important that you reach out to a qualified attorney that can discuss the next steps in bringing a legal case forward.
Reach out to one of our team members at The Law Office of Zayed Al-Sayyed today to go over your personal injury claim. Don’t wait until time runs out. Contact us today.
por Zayed Al-SayyedWhat is the Statute of Limitations on Personal Injury in Arizona?
In the wake of suffering a personal injury, it’s understandable that your mind could start racing over everything that needs to be handled. From dealing with medical bills to missed work and physical therapy, the entire situation can be a long and grueling one.
These things take time, so one of the first questions many people ask is ‘what is the statute of limitations on personal injury in Arizona?’ First off, the statute of limitations is just legalese for the maximum amount of time that is allowed to pass before you can file a lawsuit.
Our team of experienced personal injury attorneys at The Law Office of Zayed Al-Sayyed has prepared the following explanation to make this difficult time a little easier to understand.
Arizona Personal Injury Statute of Limitations
In most cases, the statute of limitations on most personal injury cases in Arizona is two years. This two-year time limit begins on the date of your accident.
However, if you intend to file a personal injury lawsuit against a government entity, like the City of Phoenix or the State of Arizona, then the statute of limitations is 180 days to file a formal Notice of Claim and then one year to file the lawsuit.
Special Cases
While the statute of limitations for personal injury cases remains set at two years in Arizona, there are some extenuating circumstances and nuances based on the type of personal injury. Below are a few examples of these special cases.
- Negligence: The statute of limitations for personal injury due to negligence begins when the plaintiff becomes aware, or should have become aware (within reason), of the defendant’s negligent behavior.
- Medical Malpractice: In Arizona, personal injury law follows the discovery rule. This means that the plaintiff’s reasoning for their lawsuit, or cause of action, is not founded, or accrued, until they know or should have known about the malpractice occurring
- Wrongful Death: In cases of wrongful death, the cause of action accrues on the date that the individual filing the suit discovers that the death was a direct result of the defendant’s negligent conduct.
- Children Under the Age of 18: In the event that the victim of personal injury is under the age of 18, then the statute of limitations in Arizona begins when said victim turns 18.
In any case, it is always best to file a lawsuit as soon as possible after your injury to ensure the most reliable accounts and memories. Be sure to contact an experienced personal injury attorney as soon as possible after your accident to understand the statute of limitations in your case, as well as everything else involved in the process.
Top Personal Injury Attorneys in Phoenix, AZ
When you seek out The Law Office of Zayed Al-Sayyed to handle your personal injury case, you are guaranteed the Aggressive Compassionate Representation our satisfied clients know us for. This approach promises aggressive pursuit of the highest possible settlement, as well as the deepest compassion for you as our client.
If you or a loved one has suffered a personal injury, contact us today to set up a free consultation with one of our skilled personal injury attorneys.
