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Article: How Long Do I Have to File a Lawsuit?, Car Accident

How Long Do I Have to File a Lawsuit?

A personal injury is any type of injury caused by someone’s negligence. That “someone” may be a person or a company. Negligence means the wrongful party failed to act or acted in a way that caused an injury. The injury may be a physical one such as a broken leg, death or lacerations. It could be damage to property such as a totaled car or house.
You have Two Years to file a Personal Injury Lawsuit in Arizona

Arizona has specific laws devoted to obtain damages, or money, from the wrongful party. One vital law pertains to how long an injured person has to file a lawsuit against the wrongful party. This is called statute of limitations.

Arizona only allows an injured person two years to file a lawsuit. The two years start from the date of the accident. For instance, a driver collided into another car while driving in the valley on February 26, 2014. They were distracted and the time and ran a red light. The other driver suffered serious injuries.

The injured driver has two years from the date of the crash. That two-year period ends on February 26, 2016. If the injured driver fails to file a lawsuit by 2016, they’re barred from suing the wrongful driver. The legal term “barred” means the injured person can’t file a lawsuit. The wrongful party gets away with causing the accident and not paying any money to the victim.

There Is an Exception to the Two-Year Rule

Arizona does allow an exception to the two-year rule for any injuries discovered later. This situation typically occurs during with a medical malpractice claim. Medical malpractice is a type of personal injury where a medical professional such as a doctor harms a patient because of their negligence.

The most common medical malpractice is when a doctor misdiagnoses a heart attack patient with heartburn. If the patient discovers five years later that he had a mild heart that damaged his heart, he may sue. When a person discovers their injury later, the person has two years from the date of discovery to sue. So if the person discovered they had irreparable heart damage in 2015, they have until 2017 to sue their doctor.

Other Statute of Limitations Laws

Although majority of individuals wanting to sue for a personal injury in Arizona, some accidents have a different time limit and process. For instance, any personal injury claim made against a city, county or Arizona has a statute of limitations of a year.

Personal injury claims are filed at the courthouse. However, any claims against a government agency must be filed with the particular agency that caused the accident. The injured victim must file a formal claim within 180 days. If the claim isn’t resolved they have to file a lawsuit within one year of the accident date.

Another exception is if the injured person is under 18 years old. The minor child can’t sue until they turn of age. Thus, statute of limitations for them starts when they turn 18 years old. A person who is injured, but considered of unsound mind must wait until they are sane. They can then sue the wrongful party for damages. They amount of time they have to sue is the same, two years.
Nevada Statute of Limitations Varies

Nevada statute of limitations depends on the type of injury a person sustained. For instance, a medical malpractice and products liability claim has a statute of limitations of four years. A negligent personal injury claim and wrongful death has a statute of limitations of two years. Both wrongful death and negligence claims include the discovery period. This means a person can sue after the two-year period when the injury was discovered later.

Contact a Personal Injury Lawyer Regarding Your Potential Claim

You only have two years to file a lawsuit in Arizona. Time passes quickly when you’re trying to recover from injuries or pay funeral expenses for a loved one killed because of someone’s negligence. Contact Lamber-Goodnow for help. We are located in Arizona, Nevada, Colorado and Illinois. We’re available to help you with your personal claim within the statute of limitations. Contact us.

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