Marking the Calendar After a Valley Crash
After a car accident in Phoenix, your focus is understandably on recovering from injuries and repairing your vehicle. But time is also critical when it comes to preserving your legal rights. Arizona law imposes a two-year statute of limitations for personal injury and property damage claims, meaning you must file a lawsuit within two years of the crash or risk losing your right to recover. This article explains the relevant deadlines and offers guidance for acting promptly to protect your claim.
Under Arizona Revised Statutes § 12-542, most lawsuits for injuries or damage arising from motor vehicle accidents must be filed within two years. This time limit applies whether your crash occurred on the 101 loop, along I-17, or on a neighborhood street in Scottsdale or Tempe. If a government entity is involved—such as a collision with a city bus or an accident caused by poor roadway maintenance—you must file a notice of claim within 180 days and a lawsuit within one year. Missing these deadlines will likely result in dismissal.
Special Situations and Considerations
There are limited exceptions to the two-year statute. For minors or individuals deemed legally incapacitated, the clock may not begin until they reach adulthood or their disability is removed. In some cases, the discovery rule may extend the deadline if an injury is not immediately apparent. However, courts interpret these exceptions narrowly. Procrastinating because you assume an exception will apply is risky and could forfeit your claim.
Delaying action can also undermine your case because evidence deteriorates. Skid marks fade in the Arizona sun, and surveillance footage from gas stations or shopping centers may be erased within days. Witnesses may forget details or leave the area. By consulting an attorney soon after the accident, you ensure that all evidence is collected and that the correct defendants are identified and served within the statutory period.
Action Steps to Preserve Your Rights
To avoid missing the statute of limitations, take these steps after a Phoenix accident:
- Seek immediate medical attention: This creates a record tying your injuries to the crash and helps calculate damages.
- Document the scene: Photos, police reports and witness statements support your version of events.
- Notify insurance companies: Report the accident to your insurer and any potential defendants quickly.
- Consult an attorney: A Phoenix lawyer can track deadlines, handle communications and file suit before time runs out.
Accounting for hidden costs and long-term impacts: A timely claim isn’t just about meeting deadlines; it also helps ensure you account for all economic and non-economic losses. In Phoenix, accident victims often experience ongoing medical expenses, rehabilitation costs, reduced earning capacity and emotional trauma long after the crash. Keeping a journal of how your injuries affect your daily activities and work life can support your claim for pain and suffering. Your attorney may collaborate with medical experts and vocational specialists to project future expenses, ensuring that a settlement or verdict reflects the full scope of your damages rather than just immediate bills.
Conclusion: Don’t Let Time Rob You of Justice
Arizona’s statute of limitations is firm, and missing it means losing your right to pursue compensation. By understanding the deadlines, collecting evidence promptly and working with an experienced attorney, you can ensure that procedural barriers don’t derail your claim. For guidance tailored to your situation, reach out to car accident attorney in Phoenix. Acting soon after a crash helps you stay on top of the clock and keeps your legal options open.