A.R.S. § 12-542
A.R.S. § 12-542 — Arizona’s Personal Injury Statute of Limitations
A.R.S. § 12-542 gives most Arizona injury claims a two-year lifespan: file within two years or lose the claim entirely, no matter how strong it is. The statute looks simple. The traps are in when the clock starts, when it pauses — and the far shorter deadlines that apply when a government entity is involved.
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The two-year rule
Actions for personal injury, wrongful death, and damage to property must be commenced within two years after the cause of action accrues. Accrual ordinarily means the date of the injury — the crash, the fall, the bite. Missing the deadline is almost always fatal to the claim: the defense raises the statute, and the case is dismissed regardless of merit.
When the clock starts later — or pauses
Under the discovery rule, a claim accrues when the injured person knows or reasonably should know of the injury and its cause — which matters for harms that surface late. The statute is also tolled for legal disability: a minor’s two years generally do not begin until their eighteenth birthday, and similar tolling applies for mental incapacity. These doctrines are argued, not automatic; no one should plan around them when filing on time is possible.
The government exception — 180 days
When the defendant is a city, county, the state, or a public employee — a city vehicle, a bus, a dangerous roadway — A.R.S. § 12-821.01 requires a formal notice of claim within 180 days of accrual, stating a specific settlement amount, and suit within one year. Miss the notice and the claim is barred long before the two-year statute would ever run. This is the deadline that surprises people, and it is a major reason to involve a personal injury attorney early rather than at month 23.
Common questions
How long do I have to file an injury lawsuit in Arizona?
Two years from accrual for most personal injury, wrongful death, and property damage claims under A.R.S. § 12-542 — but only 180 days to serve a notice of claim, and one year to sue, when a public entity or employee is involved.
Does the deadline apply to insurance claims too?
The statute governs lawsuits, but it is the leverage behind every negotiation — an insurer facing a claimant who can no longer sue has no reason to pay. Settlement discussions do not pause the clock; only filing suit beats it.
What if the injured person is a child?
The two-year period is generally tolled during minority and begins at eighteen. The notice-of-claim rules for public entities have their own treatment, so government cases involving children still deserve immediate attention.
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