In a number of posts detailing auto accident claims, we have noted the importance of initiating an investigation to determine what (or who) was the cause of the accident so that liability could be properly assessed. This is important not only for getting the proper parties involved in a lawsuit, it also is critical in making decisions about when to initiate a lawsuit.
It may not be known at the time of the accident who may be a responsible party, but the specter of a lawsuit cannot be out there forever. This is because there is a time limit for an injured party to initiate a legal action to obtain compensation. According to Arizona law, a lawsuit must be brought within two years of the accident that caused the alleged injury.
If the suit is not brought in state court, an injured party may lose the right to seek compensation for their injury. This scenario is commonly referred to as an action being “time barred.”
However, there may be ways for an injured party to still bring a lawsuit despite the statute of limitations running out. If the party was not aware of an injury (or was reasonably not expected to know about such an injury) the time allowed to bring suit may be “tolled.”
Nevertheless, if you have been injured in an accident and do not feel symptoms of the accident directly afterward, it still may be good to speak with an experienced personal injury attorney to learn about your rights and options.