Statute of Limitations on Arizona Personal Injury Lawsuits
Posted on behalf of Phillips Law Group on Aug 19, 2010 in Personal Injury
The personal injury laws of Arizona exist so that those who have been harmed by someone else have an opportunity to obtain justice by way of a lawsuit. While there are several different rules and regulations that exist, one of the most important is the statute of limitations for personal injury claims in Arizona. While it's always advisable to speak to an Phoenix personal injury lawyer as soon as possible after an incident has occurred, it's critical to do so before the statute of limitations has run. Failing to file a legal claim within the allotted time limit could mean that the case will be dismissed, even if it's obvious that the defendant would and should be held liable. Below is an overview of the issue.
Why a Statute of Limitations Exists in Arizona Personal Injury Law
A statute of limitations, as mentioned above, is basically a time limit for filing a lawsuit. The reason that such a limitation exists is because as more time passes from the date of an incident that leads to a claim, the less reliable certain evidence will be that will ultimately decide the case. This includes the recollection of witnesses, the physical attributes of other evidence and anything else that could be offered as proof. In addition, the concept of fairness comes into play, as defendants deserve an opportunity to defend themselves, and they also need to be able to understand that after a certain time, there is no chance that they will be sued.
Statute of Limitations Specifics for AZ Personal Injury Claims
Below is a brief list of the time limits that exist for different Arizona personal injury claims:
- Negligence/General personal injury: 2 years
- Wrongful death: 2 years
- Medical malpractice: 2 years
- Professional malpractice: 2 years
- Defective products: 2 years
- Intentional torts (battery, etc.): 1 year
- Fraud: 3 years from the discovery of the fraud
These time limits can be extended in certain somewhat rare situations where an injury was not and could not have been discovered until a later date, but these technicalities depend on the specific facts that surround a situation.
Rather than risk having your claim dismissed as a matter of law, if you or someone you love has been harmed by someone else, seek the immediate help of Arizona personal injury lawyers who understand these nuances and how to obtain justice. Contact Phillips Law Group today to schedule a free initial consultation.