What is The Statute of Limitations on Personal Injury Claims?
If you’ve been hurt in an accident that was caused by another person’s careless actions, you should be focused on your recovery. But you need to remember that you only have a certain amount of time in which you may seek compensation from the person who caused your injury. A statute of limitations is a time-frame in which a party may sue another party for causing a personal injury accident. States impose their own statute of limitations on personal injury claims to avoid lawsuits occurring years after an accident.
Arizona has a two-year statute of limitations on personal injury cases. The timeframe pertains to personal injury accidents including slip and fall accidents, automobile accidents, and medical malpractice. If the statute of limitations expires before you file a lawsuit, you will not be able to seek damages for a personal injury claim.
Your statute of limitations on a personal injury case starts on the day that the actual incident happened. However, in instances where a personal injury results in a person’s death, the time-frame on the statute starts the day the person passed away, even if it was weeks or months after the accident initially occurred.
Comparative Negligence Rule
The state of Arizona follows the rule of comparative negligence, meaning both parties could be found at fault for a personal injury claim. For example, if you are hurt in a car accident and you want to sue the other driver for causing the wreck, the court will review the entire case to see if you were at fault for the accident as well. If the other driver was speeding, but you neglected to look both ways before turning in front of them, you could be seen as failing to exercise safety laws.
When a court finds you at fault for any part of the accident, it can reduce your award for damages. For example, if the court finds you 20% liable for your car accident, and the other driver is 80% at fault, they will award you 80% of the damages you are seeking.
Contact a Personal Injury Attorney
The personal injury attorneys at Udall Shumway, PLC want you to be focused on healing after your traumatic event. Let us worry about getting you compensated for the pain and suffering you’ve endured. If you’re a victim of a personal injury accident, give us a call as soon as possible to discuss your case. We can take it from there.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you or someone you know wishes to seek the help of an experienced personal injury attorney regarding Statute of Limitations on Personal Injury Claims, or other personal injury matters, call 480.461.5300. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.
Udall Shumway PLC
1138 N Alma School Rd Suite 101
Mesa, AZ 85201