A statute of limitations is the least forgiving rule in civil law. It does not care how badly you were hurt, how clearly the other driver was at fault, or how cooperative the adjuster seemed while the months slipped by. Once the deadline passes, the defense raises it, the court dismisses the case, and the merits never get examined. Knowing which deadline applies to your situation is the single most important piece of information on this entire site.

The Two Year Deadline

Under A.R.S. § 12-542, most Arizona personal injury actions must be commenced within two years after the cause of action accrues. That covers injuries done to the person of another, injuries resulting in death, property damage, and medical malpractice as defined by statute.

Two years is the general rule for the majority of claims we see, including collisions, falls, dog bites, and defective product cases. It is not the rule for everything, and the exceptions below are where people lose otherwise strong claims.

When the Clock Actually Starts

Accrual usually means the date of the injury. Arizona also recognizes a discovery rule for situations where the harm was not apparent at the time. The clock starts when the injured person knows, or reasonably should know, both that they were injured and what caused it. That matters in cases involving surgical complications, toxic exposure, and injuries that surface slowly, but it is a narrow doctrine. Courts will not extend it simply because someone did not realize they had a legal claim. Assuming your two years runs from the date of the incident is the safe way to plan.

Claims Against Cities, Counties, and the State

This is the deadline that ends more Arizona claims than any other, and most people have never heard of it.

If your claim is against a public entity, a public school, or a public employee, A.R.S. § 12-821.01 requires you to serve a formal notice of claim within one hundred eighty days after the cause of action accrues. The notice must go to the person authorized to accept service for that entity, must state facts explaining the basis for liability, and must contain a specific amount for which the claim can be settled along with the facts supporting that figure. A claim not filed within that window is barred, and no action may be maintained on it.

Separately, A.R.S. § 12-821 requires that suit against a public entity or public employee be brought within one year of accrual rather than two.

So a crash with a city vehicle, a fall at a public school, or an injury caused by a dangerous roadway condition puts you on a roughly six month clock, not a two year one. The statute also treats the claim as denied sixty days after filing unless the entity notifies you in writing sooner, which starts the practical countdown to filing suit.

Yuma County, the City of Yuma, the City of San Luis, school districts, transit agencies, and state departments all fall inside these rules.

Injured Minors and People Under Legal Disability

Under A.R.S. § 12-502, if the person entitled to bring an action is under eighteen or of unsound mind when the cause of action accrues, the period of disability does not count toward the limitations period. A child injured at eight generally has until two years after turning eighteen to file.

The public entity rules work differently. Section 12-821.01 allows a minor or an incompetent person to file a notice of claim within one hundred eighty days after the disability ends. Parents should never assume a child’s claim can simply wait, particularly where a government defendant is involved.

Wrongful Death Deadlines

Arizona wrongful death actions under A.R.S. § 12-611 and the sections following it generally run two years from the date of death rather than from the date of the underlying incident. When someone is injured in March and dies in September, the family’s window opens in September. Our work on wrongful death claims covers who may bring the action and what damages the statute allows.

The Outer Limit on Product Claims

Section 12-542 begins with an exception pointing to A.R.S. § 12-551, which sets an outside limit on product liability actions running from the date the product was first sold. A claim can be timely under the two year rule and still be barred by that outer limit, which is why defective product cases need evaluating early.

Why Two Years Is Less Time Than It Sounds

Filing on day 729 is legally sufficient and practically terrible. A case built properly requires medical treatment to reach a stable point, records and billing to be gathered from every provider, liability investigation while physical evidence still exists, and often accident reconstruction. Waiting compresses all of it.

Insurers understand the calendar better than claimants do. Settlement discussions that drift pleasantly for eighteen months tend to harden the moment the deadline passes, because negotiating with adjusters only works while you retain the ability to sue. Most of the leverage in a claim comes from that ability, and it expires. Starting early also protects the evidence that proves fault, most of which has a much shorter shelf life than the statute.

What Happens If You Miss It

The case is over in nearly every instance. Tolling doctrines exist, and they are narrow. If you believe your deadline has passed or is close, that is a reason to call someone immediately rather than a reason to give up, because the accrual date is occasionally later than people assume. Our guide to when to hire counsel explains what a lawyer can still do late in the window, and the overview of where cases get filed covers which court receives the complaint once you are ready.

Talk to an Arizona Personal Injury Attorney

Deadlines are the one problem in this area of law that nobody can fix after the fact. Citrine Law represents injured people across Yuma County and southwestern Arizona and never insurance companies. We take injury claims of every kind, including car accident cases. The consultation is free and we are paid only if we recover for you, so reach out today while you still have time.