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If you are a car accident victim in Arizona, you should know that you generally have two years from the accident date to file a claim under Arizona Revised Statutes Section 12-542. This is known as the statute of limitations.
Suppose you do not file a claim to receive compensation for your injuries and other damages within this legal timeframe. In that case, you might be barred from pursuing legal action against the at-fault parties and lose your right to recover compensation for your losses.
Arizona’s car accident statute of limitations does have some exceptions to the rule. Still, the best way to ensure the legality of your claim is to consult with Phoenix Car Accident Lawyers: 1-800-Injured is a lawyer and medical referral service that can aid you with your endeavors. Here is what you should know about Arizona’s car accident statute of limitations and pursuing a car accident claim.
Statute of Limitations in Arizona Personal Injury Claims
A legal timeframe enabling or prohibiting you from pursuing a personal injury claim regarding car accidents might seem unfair at first glance. However, the statute of limitations is meant to help victims rather than hinder their legal pursuits for justice and compensatory claims.
The statute of limitations exists so that legal claims are filed on time. The reason why filing a claim as soon as possible after a car accident is the best course of action is because:
- The evidence is better preserved
- Witnesses that play a key role in determining what occurred have a fresh memory of the events that ensued
- The parties involved in the accident can move on with their lives more quickly
If there wasn’t a statute of limitations, anyone could potentially file a lawsuit decades after the accident occurred. However, proving that the accident occurred and establishing fault would be difficult after all that time.
Eyewitnesses or the at-fault party might have relocated to other states. Evidence might be lost and nearly impossible to recover. This is why the statute of limitations is important and must be followed, as it helps to ensure that legal claims are resolved promptly, which is beneficial for everyone involved, including the plaintiff and the defendant.
Exceptions to Arizona’s Car Accident Statute of Limitations
There are some situations where Arizona’s two-year statute of limitations on car accidents can be extended or pursued later. If the victim of the car accident was a minor, the statute of limitations doesn’t begin until the victim turns 18, which means they have until they turn 20 years old to pursue a claim.
If the victim is mentally incapacitated after the accident, then the statute of limitations is tolled until they regain their mental capacity to pursue a claim. Once victims regain their capacity, they will have two years to pursue a personal injury claim.
If the at-fault driver leaves the state after the accident, the statute of limitations is also tolled until they return. This means victims have additional time to pursue a claim. Speak with a car accident lawyer to learn more and present your case.