Arizona Statute of Limitations for Personal Injury Claims

Under A.R.S. § 12-542, you have 2 years from the date your injury occurred to file a personal injury lawsuit in Arizona. This applies to most negligence-based claims, including car accidents, truck accidents, motorcycle crashes, pedestrian accidents, slip and falls, and dog bites.

The 2-year clock starts on the date the injury happens — not the date you hire an attorney, not the date you finish medical treatment, and not the date you realize the full extent of your injuries. If your accident occurred on April 15, 2024, you must file your lawsuit by April 15, 2026. Filing even one day late results in permanent dismissal.

Arizona's 2-year deadline is in line with many states but shorter than some in our coverage area. Wisconsin and Minnesota give you 3 years. Missouri gives you 5 years. On the other hand, Tennessee gives you just 1 year. Two years may sound like plenty of time, but between medical treatment, insurance negotiations, evidence gathering, and attorney consultations, the deadline arrives faster than most people expect.

Arizona's wrongful death statute of limitations is 2 years from the date of death under A.R.S. § 12-542, applied through the wrongful death statute at A.R.S. § 12-611. The date of death may differ from the date of injury if the person survived for a period after the accident before dying from their injuries. The 2-year clock runs from the death, not the accident.

A wrongful death claim must be brought by the spouse, child, parent, or guardian of the deceased, or by the personal representative of the estate (A.R.S. § 12-612). If no estate has been opened, one must be established before the lawsuit can be filed — and this process takes time out of the 2-year window.

Wrongful death damages in Arizona include funeral and burial expenses, lost income the deceased would have earned, loss of companionship and consortium, pain and suffering the deceased experienced between the injury and death, and loss of guidance for surviving minor children. These claims are separate from any survival action the deceased person's estate may have.

Unlike some states that give you more time for property damage, Arizona applies the same 2-year deadline to property damage claims under A.R.S. § 12-542. This covers vehicle damage, property destruction, and other tangible losses from an accident.

In practice, most people pursue personal injury and property damage claims together after an accident. The fact that both have the same deadline in Arizona simplifies the timeline — you do not need to track separate deadlines for different types of damages from the same incident.

Do not assume that settling your property damage claim with the insurance company resolves your personal injury claim. These are separate claims with separate values. Many people accept a quick vehicle repair settlement and do not realize they still have a personal injury claim — but the 2-year clock has been running from day one.

Under A.R.S. § 12-502, the statute of limitations is tolled (paused) while the injured person is under 18 years old. The clock does not start running until the minor's 18th birthday. For personal injury claims, a minor has until their 20th birthday to file — 2 years after turning 18.

This tolling provision protects children who cannot make legal decisions for themselves. A child injured in a car accident at age 5 has until they turn 20 to file a personal injury lawsuit. However, parents or guardians can and often should file claims on behalf of injured minors well before the child reaches adulthood — evidence degrades over time, witnesses become harder to locate, and memories fade.

The tolling also applies if the injured person is of unsound mind at the time of the injury. Under A.R.S. § 12-502, the limitations period does not begin until the disability is removed. For mental incapacity, this means the clock does not start until the person regains the ability to manage their own affairs.

Claims against Arizona state, county, city, or other government entities come with two separate deadlines, both shorter than the standard 2-year statute of limitations. First, under A.R.S. § 12-821.01, you must file a notice of claim with the specific government entity within 180 days of the date the cause of action accrues. Second, under A.R.S. § 12-821, the lawsuit itself must be filed within 1 year — not the standard 2 years.

The notice of claim must include specific facts supporting the claim, a specific dollar amount for which the claim can be settled, and the facts supporting the damage claim. The notice must be filed with the person or entity authorized to accept service for the government body. Arizona courts require strict compliance — actual notice and substantial compliance do not excuse failure to follow the statute's requirements. After filing the notice, you must wait 60 days before filing a lawsuit.

If your accident involved a government vehicle, a government employee acting within the scope of their duties, a dangerous road condition maintained by a government entity, or any other government-related cause, the 180-day notice clock is already running. Missing this notice deadline bars your claim entirely — even if you are still within the 1-year lawsuit deadline. Many people do not learn about the 180-day requirement until it is too late. Consult an attorney immediately if a government entity may be involved.

Arizona recognizes a discovery rule that may delay the start of the limitations period in certain cases. Under this rule, the 2-year clock begins when the plaintiff discovered — or reasonably should have discovered — the injury and its cause, rather than when the injury actually occurred.

The discovery rule is most commonly applied in medical malpractice cases, latent injury cases, and situations involving toxic exposure where the harm was not immediately apparent. For medical malpractice, Arizona also imposes a hard outer limit — a statute of repose — that caps filing regardless of when the injury was discovered.

For standard accident cases like car crashes and slip and falls, the discovery rule rarely applies because the injury and its cause are obvious at the time of the incident. Do not count on the discovery rule to extend your deadline in a typical accident case. Assume the 2-year clock started on the date of the accident and act accordingly.

Medical malpractice claims in Arizona are subject to the standard 2-year statute of limitations but with the discovery rule applied. The clock starts when the patient knew or should have known about the injury and its cause. However, Arizona does not have a specific medical malpractice statute of repose — unlike many states that impose a hard outer limit regardless of discovery.

Arizona requires a preliminary expert opinion affidavit in medical malpractice cases. Before filing suit, the plaintiff must have a qualified medical expert who has reviewed the case and believes the standard of care was breached. This requirement takes time to fulfill and eats into your 2-year window.

If a healthcare provider's negligence caused your injuries — whether through a misdiagnosis, surgical error, medication error, or failure to treat — consult an attorney early. The combination of the discovery rule analysis, expert opinion requirement, and 2-year deadline makes early action essential.

If you file your personal injury lawsuit even one day after the statute of limitations expires, the defendant will file a motion to dismiss. Arizona courts enforce these deadlines strictly. The court will dismiss the case with prejudice — meaning it is gone permanently. You cannot refile, you cannot appeal the dismissal on the merits, and you cannot recover any compensation for your injuries.

The statute of limitations is an affirmative defense, meaning the defendant must raise it. But they almost always do. No insurance company or defense attorney will overlook a missed deadline. It is the easiest and most complete defense available — it eliminates your entire case without ever addressing the merits.

Do not wait until the last month to file. Courts can have filing backlogs, and procedural issues (such as naming the wrong defendant or filing in the wrong court) can cause fatal delays. The safest approach is to consult an attorney early and file well before the deadline. If you are approaching the 2-year mark and have not filed, treat it as an emergency.

Arizona's 2-year statute of limitations runs from the date of injury — and for government claims, you may have as little as 180 days. If you were injured in an accident in Arizona and you are not sure whether your deadline has passed, get your free Injury Claim Check now. You will answer a few questions about your accident and injuries, and we will provide a personalized report that includes your applicable filing deadline, how Arizona's pure comparative negligence rule affects your potential recovery, and whether connecting with an Arizona personal injury attorney makes sense for your situation.

Arizona's pure comparative negligence system (A.R.S. § 12-2505) means you can recover damages even if you were 99% at fault — your award is simply reduced by your percentage of fault. But none of that matters if you miss the filing deadline. Free, confidential, and takes less time than a phone call. Do not let the clock run out.