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Frequently asked

How long do I have to file a personal injury claim in Arizona?

Arizona's personal injury statute of limitations is generally 2 years — with critical exceptions for public-entity claims, minors, and discovery cases.

The short answer: most Arizona personal injury and wrongful death claims must be filed within two years of the date of injury or death. The longer answer is more important — because several common situations either shorten that deadline dramatically or extend it in ways that aren’t obvious from the calendar.

Arizona deadlines at a glance

  • Personal injury (most cases): 2 years from the date of injury — A.R.S. § 12-542.
  • Wrongful death: 2 years from the date of death — A.R.S. § 12-542.
  • Claim against a public entity / employee: 180 days written notice + 1-year suit deadline — A.R.S. § 12-821.01 / -821.
  • Medical malpractice: 2 years, with a discovery rule for hidden injuries.
  • Minors: the clock generally does not start until the child turns 18, but this is fact-specific.

Why “two years” can be misleading

The two-year rule is the default, but the date the clock starts is where most people get it wrong. The statute begins to run on the date the injury “accrued” — typically the day of the crash or fall. But if the injury wasn’t discoverable at first (a classic discovery-rule case in medical malpractice or product cases), the clock may not start until the injury was, or reasonably should have been, discovered.

The flip side is more dangerous: if you wait until the last week of year two to look for an attorney, you have almost no chance of building the case properly. The best evidence — surveillance video, dashcam, vehicle data, witness memory — is gone in weeks, not years.

Public-entity claims have a 180-day clock

If a city, county, state agency, school district, or any of their employees may share responsibility for your injury, Arizona’s notice-of-claim statute requires a written notice of claim within 180 days of when the claim accrued. Skip the notice, and the case is barred — even if the underlying lawsuit would have been filed within the two-year window.

Other situations that can shift the clock

  • Minors

    For most personal injury claims by a minor, the limitations clock generally does not begin to run until the child turns 18. There are exceptions and procedural requirements, so don't assume.

  • Mental incapacity

    A claim by a person of unsound mind may be tolled until competency is restored.

  • Defendant out of state

    Periods during which a defendant is absent from Arizona may not count toward the limitations period.

  • Discovery rule (medical malpractice / latent injuries)

    The clock starts when the injury was, or reasonably should have been, discovered.

  • Wrongful death

    Two years from the date of death — not the date of the underlying injury.

Practical takeaway

The best time to involve a lawyer is in the first weeks after the injury — not because you have to file a lawsuit then, but because investigation and evidence preservation drive case value, and both have their own clocks. A short conversation in week one preserves your right to act in week 50.

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