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How Long After a Car Accident Can You Claim Injury in Arizona?
If you’ve been injured in a car accident in Arizona, your first priority should be your health and recovery. Once you’ve addressed your immediate needs, you may start thinking about repairing your vehicle, returning to work, or dealing with changes to your lifestyle. As medical bills add up and your quality of life or employment situation is affected, you might ask yourself: How long do you have to file an injury claim after a car accident in Arizona?
Filing a personal injury claim can help you recover damages such as medical expenses, lost wages, and vehicle repair costs. In cases involving negligence, like distracted driving or fleeing the scene, you may also be eligible for punitive damages.
What Is a Car Accident Injury Claim?
A car accident injury claim—also referred to as a personal injury claim—allows you to seek compensation for damages caused by the accident. These damages may include:
Medical expenses (emergency treatment, surgeries, rehabilitation, and ongoing care)
Lost wages (for time missed at work due to your injuries)
Vehicle repair or replacement costs
Pain and suffering (emotional and physical distress caused by the accident)
Typically, the process begins by filing a claim with the at-fault driver’s insurance company. In some situations, such as a hit-and-run or an accident involving an uninsured motorist, your own insurance may cover the damages. If you’re unable to reach a fair settlement, you have the option to file a lawsuit.
How Long Do You Have to File an Injury Claim in Arizona?
In Arizona, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. This means you generally have up to two years to file a lawsuit seeking compensation for your injuries.
However, certain exceptions may apply:
Delayed discovery of injuries: If an injury isn’t immediately apparent, the clock may start when the injury is discovered or reasonably should have been discovered.
Claims involving minors: If the injured person is under 18, the statute of limitations may begin on their 18th birthday.
Government claims: If your accident involves a government entity, such as a city or state vehicle, you must file a notice of claim within 180 days of the accident, and the lawsuit must be filed within one year.
It’s crucial to consult an attorney promptly to ensure you meet all deadlines and preserve your right to pursue compensation.
When Should You File a Claim?
The ideal time to file a claim depends on the severity and nature of your injuries:
Minor to Moderate Injuries: Filing sooner is better to establish a clear connection between your injuries and the accident. Delays can make it more challenging to prove your case.
Severe or Long-Term Injuries: Waiting until you have a full medical prognosis ensures that your claim accounts for all future medical expenses and related losses.
Steps to File a Car Accident Injury Claim in Arizona
Step 1: Gather Evidence
Collect information from the scene, including the other driver’s contact and insurance details, witness statements, and photos of the accident and vehicle damage.
File a police report, especially if injuries or significant damages occurred.
Step 2: Seek Medical Attention
Visit a doctor immediately, even if you don’t feel injured. Some injuries, like concussions or internal injuries, may not present symptoms right away. Medical records are vital for supporting your injury claim.
Step 3: Consult an Arizona Personal Injury Attorney
Before speaking with insurance companies, consult a personal injury attorney. They can help protect your rights, handle negotiations, and prevent you from accepting a low settlement offer.
Step 4: Contact Insurance Companies
Notify your insurance company and the at-fault driver’s insurer. If you have an attorney, they can manage communication to avoid lowball offers.
Step 5: Negotiate or File a Lawsuit
If negotiations fail, you can file a lawsuit in civil court. Be mindful of Arizona’s two-year statute of limitations when pursuing this option.
Why Consulting YourAccidentConnect Matters in Arizona
Arizona follows a pure comparative fault rule, meaning you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found 20% at fault, your compensation will be reduced by 20%. An experienced attorney can help you build a strong case and minimize your percentage of fault.
By acting quickly and following these steps, you can protect your rights and pursue the compensation you deserve under Arizona law.