What is a Statute of Limitations in an Arizona Personal Injury case?

What is a Statute of Limitations in an Arizona Personal Injury case?

Articles, Blog , , , , , , , , , , , , , , , , , 0 Comments


– In today’s video we’re
talking about a very important concept in personal
injury cases, accident cases. It’s called the statute of limitations. A statute of limitations
is a concept in the law that says you have a
certain amount of time to bring your claim, to bring your case forward. Otherwise if you don’t do
it within the time frame, you lose your right to do so. So it’s is very important
in any personal injury case. This is one of the most
important dates that we remember. We calendar multiple reminders for it. We always have this date
in the back of our mind, because if you miss it, you may not have a case anymore. It’s a big, big problem. So let’s take a look at what the law says. You can see here there
are different statutes for the different types of accident cases or the different types of loss. And we’ll just run through
these and we’ll see which ones have what limitations. So first and foremost, we have the personal injury cases. So these are things like car accidents, if somebody slips and falls. There’s different types of injuries. But those are governed by ARS 12-542, and the law says you
have to file a lawsuit or you have to bring your claim within two years of the date of the loss. So you have two years to do it. You can go get medical treatment, but if you wait past the two years and you don’t at least file a lawsuit before that two years is up, you lose your right to do so. Same thing with wrongful death. You can see here the same statute 12-542 also two years from the death, two years from that loss
from the person dying. You have two years to bring that claim. If it’s a minor, it’s also two years, but it’s from the time they turn 18. So it’s a little bit
different statute 12-502. So it’s 18 plus two years. So if somebody’s 17, the two years doesn’t
start until they turn 18. Then the two years starts. When we’re talking about
claims against the government, so there are certain situations where the government is at fault, the government did something negligent. They failed to maintain a roadway. They caused something that
caused somebody serious injury. If the government is going to be somebody who you’re filing a claim against, you wanna recover from them, you believe they’re at
fault, they have liability, it’s very important. This is much shorter than the others. You have to do that within, you have to file what’s
called a notice of claim within 180 days. So it’s six months. It’s a lot shorter than
these others at two years. That notice of claim needs to
be filed within six months. The government doesn’t want these things laying around forever. They wanna processes these things quickly. A lot of the times people miss that, because they’re just not aware of it. Of course the government escapes liability in that situation. If you have a potential
claim against the government, make sure that you’re
speaking with an attorney. Make sure you’re making
that claim within 180 days of the date of the injury,
the date of the loss. When we’re talking about
workers’ compensation, so workers’ comp is gonna be responsible for covering this, for your loss. It’s under ARS 23-1023. So it’s a different section here. And that’s one year. Same thing with dram shop cases. Any type of liability that results in terms of finding a
bar, finding a restaurant, finding some entity that
was over-serving somebody and then that person got
in their car and drive and hit somebody or killed somebody, the liability to file a claim you have to do that again within one year. So if you miss that, that one year window, you may lose your right to
go and try to get liability or try to get some recovery from that original establishment. The other thing that, this is final, but the other thing is UM or UIM cases, so that stands for uninsured motorist or
underinsured motorist. So this when you’re
involved in an accident and the person who injured you, the person who is
responsible for the accident, either does not have any insurance or they didn’t have enough
insurance to cover your loss. So let’s say they only
had $15,000 of coverage, but your injuries were much more serious. So you had $100,000 worth of damages, but they can only pay
you for $15,000 of that. Well now, what you do? You wanna go file an
underinsured motorist claim. You wanna go to your own
insurance company and say, I was injured, I need recovery that’s why I have insurance. And this is a three-year window. So there are some more
specific rules on this, because you have to either
know that the insurance company from the party who was at fault is not able to cover your costs, or that insurance company went insolvent, or that person didn’t have insurance. So it’s three years from the date that you knew these things. So it may be different from the
date of the actual accident. It may be different because you go through the claims process and you find out that they are not able to cover your loss, and now you need to file a claim against your own insurance company. So it’s three years from
the time that you know or you should have known about it. So they give you a little bit more time, so obviously you’re
paying for the insurance. It’s a benefit for you. They can’t raise your rates if you file a claim or anything. So it is important that
you focus on your recovery, focus on your well-being, focus on your health, your body. You only have one of those, and so you want to get
compensated for that. This UM/UIM coverage, three years. You can see here the different statutes that are all involved. If you or somebody that you know or love has been involved in an accident, especially anything on this board here, you wanna speak with our team about it. Give us a call, we offer
free case evaluations. In most situations we
charge no fee whatsoever unless we’re able to recover, meaning we are able to
substantially recover and put you in a much better position, make sure that you get
this medical treatment, the medical services you need, make sure you’re properly compensated for your pain and suffering, make sure you’re compensated
from your time off work, fix all your property, all of that stuff. We are able to definitely help. We’ll make sure that none of
these deadlines are missed. Like I said at the beginning of the video, it’s critical, so give us a call. We look forward to speaking with you soon. And as always, thanks for watching. (upbeat music)

Leave a Reply

Your email address will not be published. Required fields are marked *