If you are still recovering from the physical and psychological effects of a high-speed traffic accident, it is understandable if the last thing you want to do right now is undertake a civil lawsuit. However, you have limited time under Arizona state law to start this type of claim. If you wait too long to file suit against the person at fault for your injuries, the statute of limitations for personal injury claims may prevent you from getting paid for your losses, even from a private settlement with an insurance company.
Fortunately, you have support available from the experienced auto accident attorneys at Phillips Law Group, who can help you construct and file a strong claim within the deadline applicable to you under your unique circumstances. In the meantime, here is a brief overview of what state law says about the Tucson car accident statute of limitations, as well as how this law may apply to the process of seeking financial restitution after a wreck.
Two Years To File Suit Under the Statute of Limitations
In most situations, the filing deadline for a car accident claim, just like the deadline for any other type of personal injury lawsuit, falls two years after the point at which the injured person first had a cause of action to file suit, as per Arizona Revised Statutes §12-542. Usually, this statute of limitations means that a car crash victim in Tucson has two years from the moment they were hurt through someone else’s negligence to file suit. In other words, this timeline starts from the date of their actual accident.
However, the two-year filing period technically starts from the moment someone knew they had cause to file suit. This means that sometimes that period begins from the date on which someone discovers or reasonably should have discovered they were hurt through someone else’s negligence. Furthermore, since minor children cannot legally represent themselves in court, a person under the age of 18 who gets hurt in a car crash and wants to file suit on their own behalf has until two years after their 18th birthday to do so.
Does the Statute of Limitations Apply to Settlement Talks?
Technically, there is no hard deadline enshrined in state law for starting or concluding private settlement talks over a Tucson auto accident. However, the fact that the statute of limitations prohibits lawsuits from being filed after a certain point means that once the filing deadline has passed, no insurance company has any reason to negotiate a settlement in good faith. This is because there is no threat that they may be sued if they do not negotiate.
Due to this, it is often a good idea to prepare to file suit after a car crash even while actively pursuing a settlement. If the statutory filing deadline is getting close, it is possible to file suit while continuing settlement talks and to conclude the case with a private settlement at any point prior to a civil court judge issuing a final verdict.
Contact an Attorney for Help With the Car Accident Statute of Limitations in Tucson
Civil courts in Arizona are very strict about enforcing the statute of limitations for personal injury claims, including and especially for cases built around automobile collisions. That said, it is certainly not impossible to construct a winning lawsuit or settlement demand within the Tucson car accident statute of limitations if you have help along the way from knowledgeable legal counsel.
A car accident lawyer from Phillips Law Group can offer guidance about next steps and help you get started toward your recovery during a free, no-obligation consultation. Call today to schedule your meeting.
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