A statute of limitations is a law that defines a strict period for filing civil lawsuits in the Court of law. The limitation period varies from case to case and is specified by law. The personal injury claims are governed by state law. And in Scottsdale, the Arizona statute ARS Section 12-542 establishes the period of limitations for car accident claims.
Limitation Period For Car Accidents
The limitation period for filing a personal injury suit is two years in the state of Arizona. Missing the deadline in filing the suit can have dire consequences. If you fail to bring the lawsuit within the limitation period, you will likely be barred from pressing your claim before any Court. So one must always be mindful about taking quick actions in claiming their right. This is in accordance with the legal principle that no one can sleep on their right.
This limitation period starts running from the date of the accident. For example, if you or your loved one is injured in a car accident on February 1, 2022, the limitation period will start from February 1, 2022 and end on February 1, 2024. However, in case of fatal car accidents, the limitation period starts running from the date of death of the victim.
Exceptions To The Statute Of Limitations
There are certain exceptions to Arizona's statute of limitations for a car accident. Under these exceptional circumstances, the start of the limitation period may get paused or delayed from running.
Rule of Discovery
Some injuries from car accidents can have a delayed effect on the victim. The statutory limitation of two years may be tolled if the injury is discovered in the future. In such a case, the deadline for bringing the lawsuit will begin from the discovery of the injury.
Injuries to a Minor
The start of the limitation period gets tolled in case of injury to a minor in a car accident. This is for the protection of the rights of minors and give them opportunity to seek redress. In case of minors, the two-year limitation period is tolled until the minor reaches the age of majority, which is 18 years in the state of Arizona. In other words, a minor has two years to bring the lawsuit after his/ her 18th birthday.
Claim Against the Government
In case of any car accident claim against the government or the municipality for that matter, the limitation period is one year after the accident.
Contact A Scottsdale Car Accident Attorney For Free
Car Accidents in Scottsdale, Phoenix or the entire state of Arizona are very common. Your health is extremely important and the steps you take after a car accident can determine whether you are compensated for your pain and suffering or not. Speaking to an attorney is vital, so that you can be in the best position possible. We offer a FREE consultation and charge no fees unless you get paid. Contact us today to schedule your free consultation.